The civil Nature of public-private Partnership Agreements

Abstract

The subject of the research is the legislation and law enforcement practice regarding the legal nature of the public-private partnership agreement and the concession agreement. The authors intend to prove the civil law nature of these agreements; therefore, they review dominant theories on the relevant issue in the doctrine of legal science. The first group of scientists refers these agreements to private-public contracts, the second - to administrative, the third - to private law. The analysis of the legislation confirms the validity of the third group’s point of view. The paper also examines the practice of judicial and administrative authorities, which testifies to the dispositive nature of legal relations arising between private and public partners.