AMBIENTUM BIOETHICA BIOLOGIA CHEMIA DIGITALIA DRAMATICA EDUCATIO ARTIS GYMNAST. ENGINEERING EPHEMERIDES EUROPAEA GEOGRAPHIA GEOLOGIA HISTORIA HISTORIA ARTIUM INFORMATICA IURISPRUDENTIA MATHEMATICA MUSICA NEGOTIA OECONOMICA PHILOLOGIA PHILOSOPHIA PHYSICA POLITICA PSYCHOLOGIA-PAEDAGOGIA SOCIOLOGIA THEOLOGIA CATHOLICA THEOLOGIA CATHOLICA LATIN THEOLOGIA GR.-CATH. VARAD THEOLOGIA ORTHODOXA THEOLOGIA REF. TRANSYLVAN
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Authors: ANA-MARIA COLDEA (TOADER).
DOI: 10.24193/SUBBiur.62(2017).4.6
Published Online: 2017-12-22
Published Print: 2017-12-22
pp. 150-182
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ABSTRACT:
The Relationship between the Operating Risk from the Contract of Concession and the Private-law Risk. In the present study, we analyse a new concept introduced in the Romanian legislation by Law no. 100/2016, named the operating risk, in the light of its relationship with the contract of concession and the private-law risk. The need for such an approach is given by the fact that the operating risk has been integrated into the definition of the concession contract, an essential contract for the development of local communities and the state in general. Thus, the new risk is no longer a marginal figure, but a defining one, which underlies the notion of the concession contract. Taking into account the role played by this notion, we believe that it is currently a topical theme. First, we considered it appropriate to analyse the concession contract in terms of the operating risk by examining the legal definitions of both the concession contract and the operating risk. Later, we tried to list the characters and types of risk integrated into the concession contract. In order to establish a more revealing framework for this notion, we also studied its effects on the classification of public law contracts. The heart of our study is the analysis relating to the relationship of operating risk with the private-law risk. Our conclusion is that operating risk has the same significance as the risk of private law, that is, a random event, outside the contract, which causes economic damages to the concessionaire. However, the scope of the operating risk is completely different from that of private-law risk, with different effects on the contract and involving different events. They can coexist within a concession contract, but most often, private-law risk has a detrimental effect on operating risk. The goal of our work is to outline the notion of operating risk by reference to the concession contract and the private law risk.
Keywords: risk, operating risk, concession contract.
