The article deals with the matter of companies and consortium with public shares and describes – according to the national and european legislation - the features of a mixed employment of private and public legal instruments. The advance of public-private partnership has to be mainly ascribed to the intent of pursuing, through the use of typical instruments of private law, the protection of both trade and community. Starting with an overview about the legal nature of the subjects involved, the article treats the importance of their nature in order to the applicability of tender’s procedures. It seems more interesting in consideration of the lack of specific legal indications concerning the right nature of each one of this kind of companies or consortium. This is the reason why the peculiarity of the analyzed phenomenon consists in the circumstance that the difference between the legal rules in force allows these subjects to use both public and private legal instruments, so following statute issues which could be directly or indirectly functional to public interest.
La natura giuridica delle società a partecipazione pubblica e dei consorzi per la gestione dei servizi pubblici locali
TERRACCIANO G.
2010-01-01
Abstract
The article deals with the matter of companies and consortium with public shares and describes – according to the national and european legislation - the features of a mixed employment of private and public legal instruments. The advance of public-private partnership has to be mainly ascribed to the intent of pursuing, through the use of typical instruments of private law, the protection of both trade and community. Starting with an overview about the legal nature of the subjects involved, the article treats the importance of their nature in order to the applicability of tender’s procedures. It seems more interesting in consideration of the lack of specific legal indications concerning the right nature of each one of this kind of companies or consortium. This is the reason why the peculiarity of the analyzed phenomenon consists in the circumstance that the difference between the legal rules in force allows these subjects to use both public and private legal instruments, so following statute issues which could be directly or indirectly functional to public interest.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
