Abstract

CABRERA PINZON, MILTON JULIÁN  and  BLANCO ALVARADO, CAROLINA. LEGAL NATURE OF THE RENEGOTIATION CLAUSE IN CONCESSION CONTRACTS OF ROAD INFRASTRUCTURE WORKS. Novum Jus [online]. 2022, vol.16, n.1, pp.229-251.  Epub Nov 27, 2022. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2022.16.1.10.

This article states the role of a renegotiation clause in regards to concession contracts of infrastructure projects. To this aim, the function of this clause and its legal nature are contextualized. The current analysis emphasizes the fact that the implementation of the renegotiation clause promotes and guarantees the principle of commutativity, as the guiding legal term for concession contracts.

An adequate understanding as well as a proper implementation of the concession clause are useful for the contracting parties. These considerations allow them to adapt the legal transaction to the real context in which the project is executed, having in mind that its effectiveness must not constitute a violation of the planning principle.

The analysis used qualitative research methodology. For this purpose, after collecting and exploring the existing literature, the answer to the research problem was identified based on legal sources. The research method implemented was the Additive since there is not multiplicity of any primary records related to stated research problem.

Keywords : concession contract; renegotiation clause.

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