Asignación de riesgos en la colaboración público-privada
- Dickson Morales, Rafael R.
- Jaime Rodríguez-Arana Muñoz Co-director
- Juan José Pernas García Co-director
Defence university: Universidade da Coruña
Fecha de defensa: 09 April 2019
- José Antonio Moreno Mollna Chair
- Almudena Fernández Carballal Secretary
- Miriam Mabel Ivanega Committee member
Type: Thesis
Abstract
This research work aims to analyze and provide an answer to the legal problem of risks allocation in public-private partnerships projects or contracts. To this end, it has been analyzed Directive 2014/23/EU, Law 9/2017, the preliminary draft law on public-private partnerships of the Dominican Republic, as well some international best practices examples, and economic analysis of law and incomplete contracts. The differences between the foreseeable and unforeseeable risks, as well as those risks that can be assigned between the parties, will be analyzed. The analysis of whether the new regulations establish precise mechanisms that allow an effective allocation of risks between the public and private sectors is an important aspect of this investigation. Likewise, the aim is to propose legal and practical mechanisms for an adequate allocation, distribution and management of risks between the public and private sectors in public-private partnerships or projects.