碩士 / 國立中央大學 / 營建管理研究所 / 101 / Taiwan government has been promoting private participation in infrastructure projects (PPIP) due to financial difficulties in recent years. Build-Transfer-Operate (BTO) is one of many feasible PPIP models. However, use of the “BTO with compensation” model was rarely seen. Thus, in order to fulfill both contract and legal requirements in such projects, this research aims at investigating relevant issues at the stage of transferring assets in such projects.
This research focused on issues and problems arising for assets transferring of a desalination plant project which used the “BTO with compensation” model. “Act for Promotion of Private Participation in Infrastructure Projects,” “Civil Code,” and contractual clauses related to transferring assets were discussed, and the actual disputes occurred were also studied. Research results conclude that an equitable and fair appraisal of the assets that are to be transferred from the private company to the government is the key to resolve all the disputes. Such reasonable appraisal can be reflected by adjusting the "operation expenses" or "operation period" of the project. These processes are the key to success of the "BTO with compensation" projects.
A reasonable appraisal of the assets can minimize the amount of disputes in the project. However, if the "compensation" of the project is difficult to calculate in practice, or cannot be clearly stated in the concession contract, the “BTO with compensation” model is not recommended for PPIP.
| Identifer | oai:union.ndltd.org:TW/101NCU05718011 |
| Date | January 2013 |
| Creators | CHIH-CHANG CHOU, 周智章 |
| Contributors | 姚乃嘉 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 123 |
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