الطبيعة القانونية لعقد البناء و التشغيل و التحويل (بوت)‎ في إطار مبدأ سلطان الإرادة

Abstract EN

The build, operate and transfert contract, which is known by the abbreviated name of Build Operate Transfer or "B.

O.

T", is relatively considered as recent contracts, as they have an important role in the economic climate, because that the state organization uses other governmental, physical or moral persons for public utility development projects.

Mainly those related to the different infrastructures, those in order to escape financing -through borrowing from states – and all different results of economic and political dependence.

Besides, the non-governmental organization will anticipate the creation or the establishment of this project through its own funds, and exploit it for a long term, in return it will remit to the State a certain sum, and at the end of this period, it will proceed by transferring the project ownership to the state or the governmental organization in such a way that it has its exclusive right.

This raises the question whether determining the legal type of the contract involved and concluded by considering it as purely and according which the administration enjoys all the privileges of the public authority.

This shows the distinguishing of positions between the parties agree to the contract, and reduces the principle of the pre-eminence of the will, or to consider it as a private law contract, in which the administration discontinuous the privilege of the public authority.

This situation makes its parts on the same equality in rights and duties.

And that is precisely what we are seeking to achieve by this study.