THE BOT SYSTEM AND ITS DERIVATIVE CONTRACTS AS A COMPREHENSIVE FINANCING INSTRUMENT FOR INFRASTRUCTURE PROJECTS

Résumé

Various contractual frameworks have been adopted for infrastructure construction and development projects, the most notable of which is the BOT contract. This study presents the project stakeholders: the project granting authority and the project company, which is a financial consortium and the key principles of this system, namely the principle of comprehensive project financing by the project company. It also discusses its derived contracts, known as "BOT derivatives". The study concludes that these long-term contracts achieve a contractual balance between the financial requirements for completing infrastructure and their material exploitation. Additionally, the temporary ownership phase allows the project companies to manage the facility in line with the project's objectives, thereby streamlining some administrative procedures that could impede the project's progress.