Article L2232-3 of the French Public procurement code
November 8, 2023
Leasing contracts may be used to finance investments. In this case, the contract must include clauses to protect the requirements of the public service.
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…
The purchaser may authorise the holder to collect, in his name and on his behalf, payment from the user for services provided under the contract.
At the request of any service provider called upon to perform the contract, the contractor shall provide a bond with a financial institution in order to guarantee payment of the sums due to the service provider who so requests.
Notwithstanding the provisions of articles L. 441-10 to L. 441-13 of the French Commercial Code, the services referred to in article L. 2213-14 are paid for by the holder of the partnership contract, within the time limits set by regulation.
In order to enhance the value of a part of the domain, the purchaser may, after having delimited, if necessary, the assets belonging to the public domain, authorise the holder:1° To grant authorisations to occupy the public domain;2° To grant private law leases for assets belonging to the private domain and to create all types of property rights for a limited period;3° To transfer assets that have previously been transferred…
Where the partnership contract is entered into by the purchaser for the purpose of carrying out an operation that meets the needs of another legal entity governed by public or private law for the performance of its duties, or where the operation is carried out on the property of another legal entity governed by public or private law, the contractor may be authorised to use part of the property, subject…
Where leases are granted by the holder for a term exceeding that of the partnership contract, the conditions for the purchaser to take over the lease must be the subject of an agreement between the purchaser, the holder, the lessee and, where applicable, the owner of the estate.
The holder of the partnership contract draws up an annual report to monitor its performance. This report is sent to the purchaser each year within forty-five days of the anniversary date of the signing of the contract.
The purchaser monitors the performance of the partnership contract. This control takes place, at the very least, during and at the end of each of the phases of performance of the tasks set out in the contract and gives rise to a report.
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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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