Public-private partnerships (PPPs) were established in Brazil at the beginning of this century, following a global trend of using these partnerships to stimulate investment in infrastructures, particularly in a framework of restrictive budgetary and fiscal conditions. Despite their growing importance and the expectation of an expanding role in the future, not much is known about the actual facts on the ground. The objective of this paper is to be a first step in the direction of filling this information gap by providing important stylized facts about the universe of PPPs in Brazil: the quantitative evolution of PPP adoptions; the characterization of the geographical distribution of PPPs by government level (federal, state, district, and municipal); the characterization of the PPP intervention areas, including the total value of contracts and the modalities of PPP concession (sponsored and administrative). This objective is rendered possible by the development of a new database that covers the entire process of PPP contracting from 2005 to 2022, including the opening of public consultation procedures, the publication of the official notice, and the signing of contracts, as well as multiple thematic, financial, jurisdictional, and regional indicators. In turn, we see the establishment of these stylized facts as a necessary first step in the direction of understanding the factors that may determine or condition their adoption. In general, having a clear picture of the universe of the PPPs in Brazil is fundamental as their use and their role are expected to significantly increase in the future as the country pursues a path of improved economic activity and well-being of the population.
This study examines the impact of state highway construction contracts on state spending efficiency controlling for production structure, service demands, and situational factors. The theoretical argument is that because highway construction projects are relatively large in scale, complex, and can be monitored through objective performance measurement, state highway construction programs may save government production costs through contracts. Contracting helps highway producers achieve efficiency by optimizing production size based on workload and task complexity. The unit of analysis is 48 state governments’ highway construction contracts from 1998 to 2008. Through a two-stage analysis method including a Total Function Productivity (TFP) index and system dynamic panel data analysis, the results suggest that highway construction contracts enhance state highway spending efficiency, especially for large-scale construction projects.
In the intricate realm of contractual law, the condition precluding action serves as a critical safeguard, ensuring that specific legitimate interests are protected within contracts and wills. This research examines this condition’s validity when based on a legitimate motive and for a reasonable duration. The study highlights a case involving an owner who violates this condition by engaging in acts such as sale or gift, raising important questions regarding the legal penalties associated with such violations. The primary objective of this research is to provide a comprehensive understanding of the legal consequences of breaching preventive clauses and to analyze how Egyptian, French, and Palestinian laws protect the interests of the stakeholders involved. The methodology adopted in this study is comparative in nature, involving a thorough analysis of the legal texts from Egyptian, French, and Palestinian laws. This involves a review of legal scholars’ opinions and relevant judicial rulings to highlight the differences in penalties and applications associated with preventive clauses. The findings reveal that both Egyptian and French laws advocate for the invalidity of actions carried out in violation of these preventive conditions. However, there is a divergence among scholars regarding the nature of this invalidity, with some arguing for absolute invalidity while others suggest relative invalidity. Conversely, the Palestinian legal framework prescribes specific penalties, indicating a variance in legislative approaches. The research concludes that the current legislative treatment of preventive conditions is insufficient and requires reform to ensure effective legal protection for affected parties. This leads to policy implications emphasizing the need to strengthen legal frameworks and enhance the clarity of legislative intentions in formulating laws related to preventive clauses. By doing so, the study aims to facilitate the achievement of legitimate interests for parties involved and ensure the enforcement of preventive conditions in a manner that upholds contractual integrity.
Catastrophes, like earthquakes, bring sudden and severe damage, causing fatalities, injuries, and property loss. This often triggers a rapid increase in insurance claims. These claims can encompass various types, such as life insurance claims for deaths, health insurance claims for injuries, and general insurance claims for property damage. For insurers offering multiple types of coverage, this surge in claims can pose a risk of financial losses or bankruptcy. One option for insurers is to transfer some of these risks to reinsurance companies. Reinsurance companies will assess the potential losses due to a catastrophe event, then issue catastrophe reinsurance contracts to insurance companies. This study aims to construct a valuation model for catastrophe reinsurance contracts that can cover claim losses arising from two types of insurance products. Valuation in this study is done using the Fundamental Theorem of Asset Pricing, which is the expected present value of the number of claims that occur during the reinsurance coverage period. The number of catastrophe events during the reinsurance coverage period is assumed to follow a Poisson process. Each impact of a catastrophe event, such as the number of fatalities and injuries that cause claims, is represented as random variables, and modeled using Peaks Over Threshold (POT). This study uses Clayton, Gumbel, and Frank copulas to describe various dependence characteristics between random variables. The parameters of the POT model and copula are estimated using Inference Functions for Margins method. After estimating the model parameters, Monte Carlo simulations are performed to obtain numerical solutions for the expected value of catastrophe reinsurance based on the Fundamental Theorem of Asset Pricing. The expected reinsurance value based on Monte Carlo simulations using Indonesian earthquake data from 1979–2021 is Rp 10,296,819,838.
This article explores the development and legislative process of concession agreements within the framework of Public-Private Partnerships (PPPs) in the EU, tracing their origins to the United Kingdom in the early 1990s. Driven by national policies, the Ministry of Finance in China has promoted PPPs in infrastructure and public services. This study focuses on the basic principles, legal nature, and general rules of EU concession agreements, aiming to provide legal strategies for Chinese franchising agreement legislation by drawing on the EU’s legislative experiences.
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