Grantor's authorizations

Authors

  • Mark Bobela-Mota Kirkby Instituto de Ciências Jurídico-Políticas. Faculdade de Direito da Universidade de Lisboa. Lisboa, Portugal

Keywords:

PPP Contracts; PFI Contract; Public Concessions; Grantor’s Authorizations; Administrative Acts

Abstract

The law and concession contracts make various actions or legal transactions by the concessionaire subject to prior authorization by the grantor. In this regard, there are two issues that invariably give rise to legal discussion between the parties, which is often transferred to arbitration:

a) Whether authorizations and the refusal thereof are administrative acts or mere business statements by the grantor;

b) The regime resulting from the qualification of authorizations and respective refusals as administrative acts or as business statements.

Published

02-06-2025

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