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- Title
CHANGED CIRCUMSTANCES AND CONCESSION CONTRACTS: SLOVENIAN LAW IN A COMPARATIVE PERSPECTIVE.
- Authors
ŠTEMBERGER BRIZANI, Katja
- Abstract
In Slovenian law concession contracts are subject to both the public law and private law regime of changed circumstances. The former applies only to certain concession contracts, while others are subject to the general rules of the law of obligations. However, these rules are not adapted to features of concession contracts as they only give the affected party the right to request the rescission of the contract, but not its modification, unless otherwise agreed in the contract. This is not in line with the principle of continuity of public service and the protection of the public interest. In addition, the private law regime is not adapted to the concession award procedure, as it allows only reference to changes in circumstances that occur after the contract is concluded, but not after the binding tender is submitted, meaning that the tenderer bears a disproportionately higher burden of the risk than the grantor.
- Subjects
CONTRACTS; COMPARATIVE law; CIVIL law; PUBLIC law; MUNICIPAL services
- Publication
Anali Pravnog Fakulteta u Beogradu, 2023, Vol 71, Issue 4, p669
- ISSN
0003-2565
- Publication type
Article
- DOI
10.51204/Anali_PFBU_23402A