V.Contracting Parties and Types of Contract
1. It is within the framework of the Law of Obligations, that the BOT model finds…
A. Administrative contracts made for performing a public service. In such…
Public service, in its general meaning, is a service rendered in the public interest…
Public Services are in principle performed by the administrative organs of the State,…
Typical examples of administrative contracts are concessions…
B. Private law contracts made by the Administration with private persons according to the Private Law rules. For example a sale contract whereby the seller agrees to deliver the property sold to the buyer and to transfer its ownership to him and whereby the buyer agrees to pay the purchase price (Art. 182 of the Turkish Code of Obligations); or a lease contract whereby the lessor agrees to transfer the leased property for use, and whereby the lessee agrees to pay him a rent or hire (Art. 248 of the Code of Obligations); or a contract for work and labor whereby the contractor undertakes to execute a work and whereby the other party (the owner of the work) commits himself to pay therefor (Art. 355 of the Code of Obligations).…
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