عقود الإستثمار في إطار الشراكة بين القطاعين العام و الخاص

Abstract

The majority of countries، including Algeria، are seeking to liberalize the economy and to open up to the market economy by attracting foreign investment with the aim of obtaining foreign capital and by concluding investment contracts aimed at meet the needs of its citizens efficiently in addition to quality، it is the fruit of the changes experienced by the Algerian state following successive Economic fluctuations and the state’s attempt to break with the Marxist socialist system and became a regulating and controlling state، because it paved the way for attracting foreign capital to invest ، he left full freedom to the investor by involving the private sector in the financing of projects and by contributing to the process of economic disruption The bot contract is one of the cases that expresses the partnership between the public and privates sectors which includes three stages represented in the establishment and the operation، the project was transferred to the donor after the and the objective of each part was achieved ، and each of its legal statues And each of its goals and pleasures that it aspires to achieve، the interest of the donor is a public interest whose purpose is to meet the needs of citizens، through the establishment of a public institution، Considering that the obligated interest is a private interest whose goal is to obtain a good profit margin، there must therefore be consensus between the two interests، and given that the Algerian legislator has not regulated a special law in this style، he urged the Nome of the bot contract، which made it difficult to adapt this contract، and for this we relied on the abandonment of certain laws which came in the form of a concession، which carries the steps of the bot contract on some of the projects that were established in this form، which were called concession contracts This in order to try to adapt a legal model for this we have also relied on some comparative legislation in order to identify the different stages that this scheme goes through، through the experiences of certain countries which have adopted this system and the have adopted to establish their major projects.