Changed circumstances and concession contracts: Slovenian law in a comparative perspective
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...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2023-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2023/0003-25652304669Q.pdf |
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| _version_ | 1850226109994500096 |
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| author | Štemberger Brizani Katja |
| author_facet | Štemberger Brizani Katja |
| author_sort | Štemberger Brizani Katja |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-52a0e01e6ea146eea7dcb2cd8b793f0f |
| institution | OA Journals |
| issn | 0003-2565 2406-2693 |
| language | English |
| publishDate | 2023-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj-art-52a0e01e6ea146eea7dcb2cd8b793f0f2025-08-20T02:05:10ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932023-01-0171466969410.51204/Anali_PFBU_23402A0003-25652304669QChanged circumstances and concession contracts: Slovenian law in a comparative perspectiveŠtemberger Brizani Katja0University of Ljubljana, Faculty of Law, SloveniaIn 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.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2023/0003-25652304669Q.pdfconcession contractschanged circumstancespublic interestpublic servicesslovenian law |
| spellingShingle | Štemberger Brizani Katja Changed circumstances and concession contracts: Slovenian law in a comparative perspective Anali Pravnog Fakulteta u Beogradu concession contracts changed circumstances public interest public services slovenian law |
| title | Changed circumstances and concession contracts: Slovenian law in a comparative perspective |
| title_full | Changed circumstances and concession contracts: Slovenian law in a comparative perspective |
| title_fullStr | Changed circumstances and concession contracts: Slovenian law in a comparative perspective |
| title_full_unstemmed | Changed circumstances and concession contracts: Slovenian law in a comparative perspective |
| title_short | Changed circumstances and concession contracts: Slovenian law in a comparative perspective |
| title_sort | changed circumstances and concession contracts slovenian law in a comparative perspective |
| topic | concession contracts changed circumstances public interest public services slovenian law |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2023/0003-25652304669Q.pdf |
| work_keys_str_mv | AT stembergerbrizanikatja changedcircumstancesandconcessioncontractsslovenianlawinacomparativeperspective |