French Business Law - French Legislation

Article L2213-10 of the French Public procurement code

November 8, 2023

Where the partnership contract involves the occupation of the public domain, it constitutes an authorisation to occupy this domain for its duration. Unless otherwise stipulated in the contract, the contractor has rights in rem over the works and equipment it builds. These rights confer on it the prerogatives and obligations of the owner, under the conditions and within the limits defined by the clauses of the contract designed to guarantee…

Article L2213-11 of the French Public procurement code

November 8, 2023

The partnership contract sets out the conditions under which the works, equipment or intangible assets are made available to the purchaser. In particular, it guarantees that the works, equipment or intangible assets are assigned to the public service for which the purchaser is responsible and that the requirements of the public service are met.

Article L2213-12 of the French Public procurement code

November 8, 2023

The partnership contract may provide for the purchaser to exercise an option enabling it to acquire the facilities built under the contract before the term set by the occupation permit.

Article L2213-13 of the French Public procurement code

November 8, 2023

The partnership contract sets out the consequences of the early or early termination of the contract in terms of ownership of the works, equipment or intangible assets.

Article L2213-14 of the French Public procurement code

November 8, 2023

The partnership contract stipulates the minimum proportion of contract performance that the contractor undertakes to entrust to small and medium-sized enterprises or tradespeople. This minimum proportion is set in accordance with conditions laid down by regulation.

Article L2221-1 of the French Public procurement code

November 8, 2023

For partnership contracts concluded by the State and those of its public establishments, the launch of the partnership contract award procedure by the purchaser is subject to authorisation by the competent administrative authorities under conditions laid down by regulation.These provisions apply to partnership contracts concluded by the State on behalf of purchasers not authorised to conclude their own partnership contracts.

Article L2221-2 of the French Public procurement code

November 8, 2023

In the case of local authorities and their public bodies, the assessment of how the project is to be carried out, the budgetary sustainability study and the opinions on these are presented to the deliberative assembly or governing body, which decides on the principle of using a partnership contract.

Article L2221-3 of the French Public procurement code

November 8, 2023

For other purchasers, the assessment of how the project will be carried out, the budget sustainability study and the opinions on these are presented to the decision-making body, which decides on the principle of using a partnership contract.

Article L2222-1 of the French Public procurement code

November 8, 2023

The purchaser may provide that the financing terms indicated in the final tender may be adjusted.These adjustments may not have the effect of calling into question the conditions of competitive tendering by exonerating the purchaser from the obligation to comply with the principle of choosing the most economically advantageous tender, or of allowing the prospective contractor to alter the structure of its tender.The adjustment to the tender only concerns the…

Article L2222-2 of the French Public procurement code

November 8, 2023

The tenderer to whom it is intended to award the partnership contract must submit the definitive financing within a deadline set by the purchaser. If it fails to do so, the partnership contract may not be awarded to it and the tenderer whose tender was ranked immediately after its own may be asked to submit the definitive financing for its tender within the same deadline.

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Book II: PROVISIONS SPECIFIC TO PARTNERSHIP CONTRACTS

Article L2213-10 of the French Public procurement code

Article L2213-11 of the French Public procurement code

Article L2213-12 of the French Public procurement code

Article L2213-13 of the French Public procurement code

Article L2213-14 of the French Public procurement code

Article L2221-1 of the French Public procurement code

Article L2221-2 of the French Public procurement code

Article L2221-3 of the French Public procurement code

Article L2222-1 of the French Public procurement code

Article L2222-2 of the French Public procurement code

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Book II: PROVISIONS SPECIFIC TO PARTNERSHIP CONTRACTS

Contact a French lawyer now

Contact a French Business Lawyer

Do you need French-law advice? Contact our Lawyers in France.

Our attorneys will contact you promptly within 24h. All information exchanged through this website will be communicated to attorneys only, and will remain confidential.

We Solve Legal & Tax Issues in France

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