MANDATORY RULES OF THE LAW ON CONCESSIONS AND PUBLIC PRIVATE PARTNERSHIP AND THE PRINCIPLE OF FREEDOM OF CONTRACTING

Borka Tusevska Associate professor /Goce Delcev University in Stip

Goran Koevski, Ph.D. Full professor /Faculty of Law ‘Iustinianus Primus’, Ss. ‘Cyril and Methodius’ University in Skopje, North Macedonia

Abstract: The Law on Concessions and Public Private Partnership contains provisions that regulatethe relations between the public partner and the private partner. These are basically mandatory provisions. In this regard, the party autonomy principle is quite limited. At the same time, the Law on Concessions and Public Private Partnership refers to the complementary application of the Law on Obligations as a lex generalislegislation. The purpose of this paper is to analyze the degree of freedom of contracting in the contracts for public-private partnership. This analysis will be useful in the process of negotiating and draftinga specific public private partnership contract, which will provide appropriate guidance for the parties how to act in that process.

Keywords: contract for public-private partnership, freedom of contracting, mandatory provisions