Build operate transfer agreements and applications in the legal system of Yemen

In our study, the legal regulation of build-operate-transfer agreements and their applications in Yemen were examined. The build-operate-transfer (BOT) contract is considered one of the forms of partnership between the public and private sectors in financing government infrastructure projects. It helps citizens to meet their basic needs in terms of public services without overburdening the state's budget with financial burdens. In BOT contracts, the project company builds the project and manages it for a certain period of time. During this time, he gets his expenses back, makes a profit, and then the ownership of the project is returned to the government. In our study, the concept of BOT contract has been handled by lawyers and international organizations specialized in their fields; It has clarified the different jurisprudence views on the definition and analysis of the legal nature of this contract, trying to balance each other in order to reach an appropriate legal adaptation, and determining the legal nature of the contract. Our study focused on Yemeni legislation by examining the legal texts related to BOT contracts; thus, it has revealed the parties of the contract and the rights and obligations of each. In addition, since the BOT contract is a temporary contract, how it ends and the legal and non-judicial solutions to disputes are also explained. The most important of the results of our study; especially in developing countries whose budgets are not enough to build large projects and huge public services; These conventions are of great importance in terms of the role they play in the economic development process. In our research, some suggestions were made on issues such as the need to speed up the enactment of laws regulating these agreements due to their great importance in economic development, the need to find a body that will undertake the task of monitoring these agreements and supervising their implementation at every stage, the importance of establishing an administrative judiciary in Yemen and giving the authority to examine the disputes arising from these agreements. Keywords: Built-Operate-Transfer, Administrative contract, Concessio, Public Private Sector Cooperation, Social Service.