Document Details
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Document Type |
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Thesis |
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Document Title |
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The legal framework of built, operate and transfer: Saudi Arabia النظام القانوني لعقود البناء والتشغيل ونقل الملكية في المملكة العربية السعودية |
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Subject |
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Faculty of Economics and Administration |
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Document Language |
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Arabic |
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Abstract |
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The system of construction, operate and transfer (BOT) is one of the most important forms of contracts currently in use worldwide, the establishment and financing of infrastructure projects by the private sector, pledging the state to a private company, under an agreement between them, assumed the task of designing and building facility infrastructure for the award of the concession company's management and operation of this facility for a period of time sufficient to recover the origin of funding, in addition to the expected profits of the project, with its commitment to transfer the assets to the state ownership of the project at the end of the license period. Given the importance of this subject, and its association with many of the legal elements, was selected to be the subject of the supplementary search for the researcher to obtain a master's degree in systems from the University of King Abdul Aziz. The researcher adopted in the study on the comparative analytical approach, taking into account some of the regulations applicable to those contracts, and compare the experiences of the Kingdom, despite several limitations. The research was to examine the contracts that are (BOT), between the government and one of its organs of administrative and private law, including both an individual or a company or consortium and whether the person's national or a foreigner. We were expanding the application of a (BOT), is a lot of things that go jurisprudence and the judiciary, that are not considered by the judicial research legitimate, particularly since Saudi Arabia applies the provisions of Islamic Sharia and taken an approach in the government for all transactions, and hoped the researcher to learn to adapt this contract and the rule of Islamic law . This study for decades (BOT) may have involved five main chapters, and Investigations subcommittee showed the legal system of this contract in all its aspects, I learned on mainstreaming the Islamic ruling of the contract a sound foundation based on the number of forensic evidence jurisprudence and purposes the validity of the construction contract, operation and restoration of property, the study concluded that experience of holding (BOT) proved that this contract the pros and cons, has recommended research necessary to find a solution to these disadvantages, so the need to develop legislation in controlling the question of contracting system (BOT), ensuring shorten the contract period of up to ninety-nine years old, not exceeding thirty years, and the invalidity of the conditions of monopoly, and set a maximum limit of internal finance when the investor is a foreigner, and an end to overeating in granting benefits to the contracts associated with the system (BOT), and limiting those benefits to remove the obstacles in implementing the project, and at its borders, without other benefits. |
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Supervisor |
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Dr Faisal sattof alassaf |
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Thesis Type |
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Master Thesis |
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Publishing Year |
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1432 AH
2011 AD |
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Added Date |
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Tuesday, March 29, 2011 |
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Researchers
| بسام عبد الله البسام | Albassam, Bassam Abdullah | Researcher | Master | |
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