When all or part of the remuneration due under a partnership contract or a contract referred to in the first paragraph of Article L. 6148-5 of the Public Health Code in respect of investment costs, which include in particular study and design costs, construction costs and ancillary costs, interim financial costs and financing costs, is assigned pursuant to Articles L. 313-23 to L. 313-29 of this Code, the contract may stipulate that this assignment is subject to the acceptance provided for in Article L. 313-29, within the limits provided for in Article L. 313-29-2.
The acceptance provided for in Article L. 313-29 is subject to the contracting public entity establishing that the investments have been made in accordance with the terms of the contract. As from this determination, and unless the assignee, in acquiring or receiving the claim, has knowingly acted to the detriment of the public debtor, no set-off or exception based on the debtor’s personal relationship with the holder of the partnership contract or the contract referred to in the first paragraph of Article L. 6148-5 of the Public Health Code, such as cancellation, rescission or termination of the contract, may be set up against the assignee, with the exception of the four-year statute of limitations covered by Law no. 68-1250 of 31 December 1968 relating to the statute of limitations on claims against the State, departments, municipalities and public establishments.
The holder of the contract is obliged to pay the contracting public entity any debts that it may owe to the latter as a result of breaches of its contractual obligations and, in particular, as a result of penalties that may have been imposed on it; opposition to the statement of enforceability issued by the public entity has no suspensive effect within the limit of the amount that was the subject of the guarantee in favour of the assignee.