TY  - JOUR
AU  - Štemberger Brizani, Katja
PY  - 2023
UR  - https://ralf.ius.bg.ac.rs/handle/123456789/1883
AB  - In Slovenian law concession contracts are subject to both the public law and private law regime of changed circumstances. The former applies only to certain concession contracts, while others are subject to the general rules of the law of obligations. However, these rules are not adapted to features of concession contracts as they only give the affected party the right to request the rescission of the contract, but not its modification, unless otherwise agreed in the contract. This is not in line with the principle of continuity of public service and the protection of the public interest. In addition, the private law regime is not adapted to the concession award procedure, as it allows only reference to changes in circumstances that occur after the contract is concluded, but not after the binding tender is submitted, meaning that the tenderer bears a disproportionately higher burden of the risk than the grantor.
T2  - Anali Pravnog fakulteta u Beogradu
T1  - Changed circumstances and concession contracts: Slovenian law in a comparative perspective
EP  - 694
IS  - 4
SP  - 669
VL  - 71
DO  - 10.51204/Anali_PFBU_23402A
UR  - conv_3444_6
ER  - 

@article{
author = "Štemberger Brizani, Katja",
year = "2023",
abstract = "In Slovenian law concession contracts are subject to both the public law and private law regime of changed circumstances. The former applies only to certain concession contracts, while others are subject to the general rules of the law of obligations. However, these rules are not adapted to features of concession contracts as they only give the affected party the right to request the rescission of the contract, but not its modification, unless otherwise agreed in the contract. This is not in line with the principle of continuity of public service and the protection of the public interest. In addition, the private law regime is not adapted to the concession award procedure, as it allows only reference to changes in circumstances that occur after the contract is concluded, but not after the binding tender is submitted, meaning that the tenderer bears a disproportionately higher burden of the risk than the grantor.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Changed circumstances and concession contracts: Slovenian law in a comparative perspective",
pages = "694-669",
number = "4",
volume = "71",
doi = "10.51204/Anali_PFBU_23402A",
url = "conv_3444_6"
}

Štemberger Brizani, K.. (2023). Changed circumstances and concession contracts: Slovenian law in a comparative perspective. in Anali Pravnog fakulteta u Beogradu, 71(4), 669-694.
https://doi.org/10.51204/Anali_PFBU_23402A
conv_3444_6

Štemberger Brizani K. Changed circumstances and concession contracts: Slovenian law in a comparative perspective. in Anali Pravnog fakulteta u Beogradu. 2023;71(4):669-694.
doi:10.51204/Anali_PFBU_23402A
conv_3444_6 .

Štemberger Brizani, Katja, "Changed circumstances and concession contracts: Slovenian law in a comparative perspective" in Anali Pravnog fakulteta u Beogradu, 71, no. 4 (2023):669-694,
https://doi.org/10.51204/Anali_PFBU_23402A .,
conv_3444_6 .