Private-Public Partnership Contracts. A Novelty or Escape from Administrative Law? Los contratos de asociación público privada ¿Novedad o huida del derecho administrativo?

Abstract

This research aims to determine if public-private collaboration, as a technique or mode of cooperation between the public and private sectors (better known by its acronym in English ppp–Public Private Partnerships), could require new classification within administrative contracting practices, or whether they could be framed within existing classic administrative contracts or alternatively, if it is a private law contract of the Public Administration. With the help of a comparative analysis and a deductive methodology, the doctrine and legal dogmatics on public procurement and the general principles that govern Administrative Law will be reviewed in order to arrive at a clarification in the possible definition of this type of contract.