نقل ملكية المشروعات بالتسليم TRANSFER بعد انقضاء الرابطة العقدية بين المستثمر و السلطة المتعاقدة : دراسة مقارنة

الملخص EN

The problems of transferring the ownership of the project appeared at the expiry of the contractual bond with the expiry of the contract period concluded in one of the forms of B.O.T in Kuwait and the investor's attempt to delay the delivery of the project.

Upon the expiry of the contractual bond with the State at the end of the contract period, the investor shall return and return the entire project in its entirety to the contracting authority.

It is usable, produces practical results and is in good usable condition.

The study concluded that the state would avoid falling into delivery problems by placing a clause in the B.O.T contracts that stipulates the need to approve the contracts of the project company with third parties.

If the PPP contract includes a fixed term, this period must be long that allows the investor to pay his debts and collect a reasonable profit margin.

The study recommended the investor the need to adhere to the element (delivery) free of charge and in good condition after the end of the contract either.

The investor should not confuse the principles of privatization, which require the non-transfer of ownership of the project, with the features of the administrative contract, of which delivery after the expiry of the contractual bond is an essential element