سلطة جهة الإدارة في إبرام عقود الشراكة بين القطاعين العام والخاص في التشريع العماني : "دراسة مقارنة".
مؤلف
الغنبوصي, عمر بن جمعه بن صالح.
الملخص الإنجليزي
This study addressed the authority of the administrative body in making partnership
contracts between public and private sectors in the Omani legislation compared to the
Egyptian legislation given that the Egyptian legislation is one of the first Arabic legislation
that regulated the partnership contract between the public and private sectors with special
texts according to Law no. 67 of 2010 AD concerning the regulation of private sector
engagement in the infrastructure and public facilities projects. Egypt also has plenty of
actual experience in this field.
The study aimed to clarify the constraints and procedures that the administrative body shall
abide by while practicing its administrative activity of making contracts between public
and private sectors in order to keep its actions properly in with the conditions of law
considering that those procedures and constraints are different from the procedures to be
followed in the administrative contract made according to tenders auctions law.
The key problem addressed herein is to identify the extent of authority given to the
administrative body to make partnership contracts between the public and private sectors
through researching and investigating the main principles and limitations that the
administrative body shall adhere to while forming a contractual relationship of partnership
with the public and private sectors, as well as investigating the legal procedures that shall
be followed by the administration while entering this kind of contracts, whether they are
preliminary or final procedures drafted by the legislator.
The study subject was addressed in two chapters preceded by an introduction. The
introduction investigated the definition of making partnership contracts between the public
and private sectors. The first chapter addressed the general conditions of making contracts
between the public and private sectors. Then, the second chapter addressed the legal
procedures for making contracts between the public and private sectors. All of that was
conducted using the descriptive-analytical and comparative approaches. The study was
concluded with a number of results and recommendations.
