Standardized PPP Contract in Korea and its Implications for Latin America and the Caribbean

2021 ◽  
Author(s):  
Hyeyoung Kim ◽  
Jihyun Lee ◽  
Gerardo Reyes-Tagle

The standardization of PPP contracts in Korea has played a key role in establishing PPP institutional frameworks in the civil law system in which there must be legal and institutional safeguards for the long-term PPP contracts. The reliability of standardized contracts is secured due to the fact that the standardized PPP contract has been prepared by the statutory PPP agency under the approval of the Ministry of Economy and Finance, an influential ministry within the government. The standardization of PPP contracts has been of great utility for both the competent authorities and private partners. The standardized contract has streamlined negotiations. The private partner was able to trust in the major risk allocation declared through the standardized contract in handling land acquisition, construction completion, operation and demand, and termination. We found out through our survey that there are similarities between Korea and LAC countries in that most LAC countries have adopted the civil law system and the countries have developed similar payment types for PPP and risk allocation principles. The experience and lessons on standardized PPP contract in Korea can be of great utility to LAC countries.

1986 ◽  
Vol 1 (2) ◽  
pp. 216
Author(s):  
Isa A. Huneidi

1958 ◽  
Vol 106 (8) ◽  
pp. 1180
Author(s):  
George W. Stumberg ◽  
Arthur T. von Mehren

1993 ◽  
Vol 23 (4) ◽  
pp. 308
Author(s):  
Shaik Mohd Noor Alam S.M. Hussain

Malaysia dan Indonesia memiliki persamaan dan perbedaan dalam sistem hukum. Keduanegara mengenal Hukum Islam dan Hukum Adat. Namun berkenaan dengan hukum Baratmaka Malaysia menganut "Common Law System ", sedangkan Indonesia negeri yangdimasukkan dalam "Civil Law System ". Karangan berikut ini mencoba memperbandingkansahnya suatu perjanjian menurut hukum "Common Law" Malaysia dan "Civil Law" Indonesia. Terlihat adanya perbedaan dalam unsur-unsur yang harus dipenuhi untuk sahnya suatu perjanjian di kedua negara tersebut.


2019 ◽  
pp. 43-54
Author(s):  
William E. Nelson

This chapter examines the Dutch mercantile colony located on Manhattan Island and in the Hudson Valley up to Albany, English settlements on Long Island, and a small initially Swedish colony along the lower Delaware River. Its main focus is on the legal system created by the Dutch. It was a sophisticated, centralized, civil law system that reposed ultimate decisional power in the hands of a director-general directing the government from Manhattan Island and in the hands of his superiors in the Netherlands. The English settlements on Long Island, on the other hand, copied the localized power structures of New England, although the Long Islanders operated more informally and less learnedly. Dispute resolution in the tiny colony along the Delaware was unlearned and totally informal.


Author(s):  
Richard Frimston ◽  
Chanien Engelbertink ◽  
Anneke Vrenegoor

The Netherlands is a unified kingdom and member state of the EU, with a civil law system. The court of first instance is either the District Court (Rechtbank) or the Sub- District Court (Kantonrechter—‘KR’). KR is part of the District Court.


Author(s):  
Richard Frimston ◽  
Maria de los Reyes S�nchez Moreno ◽  
Juan Delgado Galindo

Spain has a civil law system, is a member of the EU and is also multi-jurisdictional. Some regions (Cataluña, Aragón, Navarra) have specific laws affecting the protection of adults. Matters not covered by those laws and regions without specific laws are subject to the Spanish Civil Code (‘CC’).


Author(s):  
Alex Ruck Keene ◽  
QC Alison Scott Butler

Canada is a federation composed of ten provinces, including Nova Scotia (‘NS’), and three territories. The common law applies in Canada, with the exception of the province of Quebec, which uses a civil law system. There is a federal government; as a province, NS also exercises constitutional powers in its own right. Federal legislation includes provisions relating to adults within the scope of this work. The Canadian Charter of Rights and Freedoms also guarantees certain political rights to Canadians and civil rights to everyone in Canada, and contains rights that impact upon capacity law.


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