A (new) look over redemption in concessions

Abstract

In the Portuguese legal systems, concessions are subject to ‘redemption’, an expression that designates a phenomenon that terminates the contract on grounds of public interest, at the initiative of the grantor, and which takes the form of a contractual administrative act (displaying public auctoritas). Although there are no recent monographic studies on redemption, there is some disquiet in the doctrine about its regime. The particularity of redemption in relation to the general power of termination on grounds of public interest lies in the contractual scope of application (redemption replaces the latter in concessions) and in the regime, particularly associated with the guarantee period and notice period, which are not known under the general regime of the power of termination in the public interest.