The master's thesis deals with the legal aspects of the business model of energy performance contracting. Energy performance contracting represents a wide range of measures aimed at achieving more efficient energy use across the entire filed od energy supply. It has been developed as a solution to the lack of public sector financial resources to achieve these objectives. The aim of this work is to present the substantive and procedural legal aspects of energy performance contracting models, projects of which are implemented in the form of public-private partnership, more specifically in the form of concession partnership.
The main theme of the master’s thesis is the presentation of basic contracts of energy performance contracting; to this end, two of the most common contracting concepts in practice are presented in more detail, namely: energy supply contracting and energy performance contracting. This is followed by an illustration of the possibility of forming a public-private partnership and the allocation of business and operational risks between the contracting parties. As Slovenia adopted a new Act on Certain Concession Contracts in 2019, the legal aspects of the process of selecting a private partner or concessionaire are described in the light of both the Public-Private Partnership Act and the Act on Certain Concession Contracts. The final chapter of this part is intended for a brief analysis of prevention of possible growing government deficit and debt in the application of the energy performance contracting business model.
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