النظام القانوني لعقد البناء و التشغيل و نقل و تطبيقاته في الجزائر) B.O.T(الملكية .

Abstract

The state aims through its public services to achieve the public interest. However, the management of the latter is a burden for it. Given the correlation between public services and sustained development, the state has to explore new modes of action focused on effectiveness and efficiency in order to achieve this objective. The task of implementing the Public services is one of the state’s prerogative. However, it has faced internal and external challenges, such as: the development of the private sector, the fall of the socialist bloc, the neoliberal ideology rehabilitating market economy based on free competition, free enterprise, and cross-border investment integrated into globalization. Such pressures require the adaptation of states with this new situation both economically and politically. The development of partnership appears within the general framework of a readjustment of modes of action of the public authority. Arising in the economic world, the partnership covers a wide range: Contracts, participation, delegation, association, consultation, cooperation, financial contribution, subcontracting... A decline of the direct intervention is registered especially in the economic field, in favor of a partnership logic with a renewal of the concession experimentation with new forms of public- contracts delegation, BOT .. Algeria does not escape this international movement. It is committed to liberalizing its economy, and the exploitation of new arrangements essentially of an Anglo -Saxon origin. The penetration of these arrangements is introduced by international investors within the framework of the agreement of establishing infrastructure and urban planning. The international practice shows that the BOT is the most commonly used form of public / private partnership for the construction of new equipment. The BOT is a contract under which the private developer finances, constructs and manages the equipment, and at the end of a given period, ownership of the equipment is transferred to the public authority.