Abstract EN:

The relation between the contract of public-private partnership and the principle of risk sharing is very close, because the principle of risk sharing is the keyword of the concept of public private partnership. But the question is: Can the principle of risk sharing achieve a balanced contract between its parties from the moment of contract signature until the completion of its execution? Also, can this principle replace the legal theories and contractual clauses which aim to achieve the balance of contract, either at internal law traditions (such as the traditional theories of administrative contract balance « theories of : l’imprévision, le fait de prince, les sujétions imprévues et le force majeure » in the countries of Roman civil law traditions like: France and Egypt, and the theories of « considération, unconscionability, frustration, impracticability» which trying to achieve the contract balance in the countries of common law tradition like: Great Britain and the United States) or at international law traditions with various contractual clauses (such as stabilization clauses, force majeure or hardship clauses). This thesis tries to define the relationship between the principle of risk sharing, as a private mechanism of public-private partnership contracts, for having an equilibrium contract and the other mechanisms of the contractual balance internally and internationally. This requires analyzing of the concept of public-private partnership under experience in internal and international legal traditions in orders to understand the place of the principle of risk sharing in the definition of this special kind of contracts, also to explore the relationship between this principle and other mechanisms of contractual balance at the internal and international levels.