Skip to content
Open access

A Comparative Study of Concentration in Iranian and French Civil Procedure and Its Role in Balancing Judicial Justice with the Speed and Order of Proceedings

2026 · Interdisciplinary Studies in Society, Law, and Politics · Vol 5, pp. 1-13 · 0 citations

Abstract

Build–Operate–Transfer (BOT) contracts, as one of the most significant models of public–private partnership (PPP), play a pivotal role in financing and developing public infrastructure, particularly in developing countries. However, the complexity of the structure of these contracts and their long-term nature have made “risk allocation” one of the most challenging legal and economic dimensions of Build–Operate–Transfer agreements. Imbalance in the distribution of risks between the government and the private investor may lead to increased project costs, reduced investment attractiveness, contractual disputes, and ultimately the failure of infrastructure projects. In the Iranian legal system, these challenges have been intensified by legislative ambiguities, fragmented regulations, and weak enforcement mechanisms. The present study, adopting a descriptive–analytical and comparative approach, examines the legal and economic challenges of risk allocation in Build–Operate–Transfer contracts and compares the legal status of Iran with selected legal systems and successful international experiences. In this study, while explaining the concept and categories of legal, financial, and operational risks in Build–Operate–Transfer contracts, the theoretical foundations of risk allocation from the perspectives of contract law and economic analysis of projects have also been explored. The findings of the study indicate that in Iran, the absence of a coherent and transparent legal framework for the determination and distribution of risks has resulted in the disproportionate transfer of risks to the private sector or, conversely, the imposition of unpredictable obligations upon the government, thereby reducing the economic efficiency of projects. In contrast, the examination of comparative experiences demonstrates that successful legal systems, relying on principles such as allocating risk to the party capable of controlling it, contractual transparency, and the integration of cost–benefit analysis with legal rules, have been able to establish a relative balance between public interests and the incentives of private investors. Ultimately, emphasizing the necessity of revising Iran’s legislative and contractual policies, the study proposes that, through a carefully considered adaptation of comparative models and the integration of legal and economic considerations, an indigenous framework for balanced risk allocation in Build–Operate–Transfer contracts should be designed in order to facilitate sustainable investment attraction and reduce contractual disputes.

Read PDF

Similar papers

Open access Aug 2026

Rules and Regulations of Business Partnerships Between Private and Public Sectors: A Comparative Analysis of the Saudi and Kuwaiti Systems

Business partnerships between the private and public sectors in Kuwait and Saudi Arabia are increasingly used to promote sustainable economic development but face complex legal and procedural challenges. A central issue concerns the administrative authority’s power to substitute the private investor during project impl...

Omar Adelrahman Al Bourinin, Tariq S. F. Alawneh · 0 citations
Open access 2024

The Role of the Arbitration Institution in Judicial Development with a Focus on Upstream Documents

The realization of justice, as one of the most fundamental objectives of any legal system, depends on the efficiency of dispute resolution institutions and the reduction of litigation delays. In this regard, judicial development goes beyond the mere quantitative increase in courts and judges and is understood as the en...

Payam Shabani, Behnam Habibi Dargah, A. Eslamipanah et al. · 0 citations
Open access Sep 2026

LEGAL AND FOREIGN POLICY ASPECTS OF INVESTMENT CONTRACTS IN THE WESTERN BALKANS: EXPLORING ALTERNATIVES TO THE EUROPEAN UNION

The changing geopolitical landscape in Europe has numerous implications for the Western Balkan countries. The inability of Western Balkan countries to attract foreign direct investment from the European Union (EU), their primary economic partners, drives political leaders to seek alternatives, such as Russia and China....

Hamza Preljević, Harun Halilović · 0 citations
Open access Aug 2026

A Legal Analysis of the Effectiveness of Indonesian Business Competition Law in Addressing Monopolistic Practices

As a significant developing nation in Southeast Asia with a vast population, Indonesia's economic stability is paramount to public welfare. However, the acceleration of globalization and technological advancements has intensified market competition, often leading to unfair business practices. Objective: This legal stud...

Yogi Karnadi Yogi Karnadi · 0 citations
Open access Sep 2026

The role of PPP mechanisms in the development of infrastructure in the Turkish Republic

The article examines how public–private partnership (PPP) mechanisms support the modernization of Turkey’s infrastructure across transport, energy, and healthcare. By comparing the models used in practice (BOT, BOO, BLT, ToR), it shows how contractual design aligns with the asset life cycle, cost-recovery structure, an...

E. Zavyalova, E. Shamanina, A. El-Sayed · 0 citations
Open access 2026

The Role of Force Majeure and Hardship in the Termination of Iranian Oil Contracts: An Analysis of Judicial Practice and International Arbitration

The oil industry in Iran, due to its capital-intensive and long-term nature, has consistently faced geopolitical risks, market volatility, and legal and political fluctuations. This reality significantly reinforces the necessity of drafting oil contracts in a manner that enables them to withstand crises and unforeseeab...

A. Najafabadi, Seyyed Ghasem Zamani, Mahmoud Jamshidvand · 0 citations

We use cookies to run the site and, with your consent, for analytics and to show ads. See our Cookie Policy.