Where the partnership contract entrusts the contractor with all or part of the design of the works, equipment or intangible assets, the purchaser shall take account of the overall quality of the works, equipment or intangible assets as one of the criteria for awarding the contract.
The competent administrative authorities shall authorise the signing of partnership contracts by the State and its public establishments, under conditions laid down by regulation.These provisions shall apply to partnership contracts concluded by the State on behalf of unauthorised purchasers.
The deliberative assembly of the local authority or the deliberative body of the local public institution authorises the executive body to sign the partnership contract.
The decision-making body of the other purchasers authorises the signing of the partnership contract.
Once signed, the partnership contracts and their annexes are communicated to the expert body mentioned in article L. 2212-2. The information and documents communicated shall only be used for the purposes of inventory and economic analysis.
By decision of the purchaser, the holder of the partnership contract may be responsible for acquiring the assets necessary for carrying out the operation, including, where appropriate, by means of expropriation.It may, with the agreement of the co-contractor concerned, assign all or part of the contracts entered into by the purchaser that may contribute to the performance of its mission.
Notwithstanding the provisions of article L. 2213-8, partnership contracts may give rise to payments on account.
The remuneration due by the buyer may be assigned in accordance with the provisions of articles L. 313-29-1 et seq. of the French Monetary and Financial Code.
Leasing contracts may be used to finance investments. In this case, the contract must include clauses to protect the requirements of the public service.
Works over which the holder has rights in rem or of which it is the owner may only be mortgaged with a view to guaranteeing loans taken out to finance the performance of its obligations under the partnership contract.The contract constituting the mortgage must, on pain of nullity, be approved by the purchaser and, where applicable, by the person owning the estate.Only mortgage creditors may exercise precautionary measures or enforcement…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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