French General Code of Local Authorities
In forceI.- The transfer of powers to a public-private association automatically entails the application to all the public property, facilities and services necessary for their exercise, as well as to all the rights and obligations attached to them on the date of the transfer:
1° When the association is created: of the provisions of the first three paragraphs of Article L. 1321-1, the first two paragraphs of l'article L. 1321-2 and of articles L. 1321-3, L. 1321-4 and L. 1321-5.
However, when the public-private association is responsible for economic activity zones, the financial and asset conditions for the transfer of the property required to exercise this responsibility are decided by agreement between the local authorities and the public establishments for inter-communal cooperation that participate in the creation of the association. The assignment of personnel is decided under the same conditions.
The mixed syndicate is automatically substituted, on the date of the transfer of competencies, for the territorial authorities and public establishments of inter-municipal cooperation in all their deliberations and all their acts. Contracts are performed under the previous conditions until they expire, unless the parties agree otherwise. The substitution of a legal entity for contracts concluded by local authorities and establishments does not give rise to any right to termination or compensation for the co-contractor. The local authority or establishment transferring the competence informs the co-contracting parties of this substitution;
2° In the event of a subsequent extension of the syndicate's competences or perimeter: of the provisions of the first and last paragraphs of 1° of this article.
However, when the public-private association has jurisdiction over economic activity zones, the financial and asset conditions for the transfer of the real estate required to exercise this jurisdiction are decided under the conditions laid down by the articles of association of the public-private association and, failing this, by joint deliberations of the committee of the public-private association and the deliberative bodies of the member communities and public establishments for inter-communal cooperation. The assignment of personnel is decided under the same conditions.
II .- When a public-private association is responsible for managing the public river domain, transfers of ownership of the public river domain to the public-private association are made free of charge and do not give rise to the payment of any compensation, duty, tax, contribution provided for in Article 879 of the General Tax Code or fees. The constituent agreement of the public-private partnership provides for the conditions of withdrawal and dissolution in accordance with the principles set out in articles L. 5721-6-2, L. 5721-7 and L. 5721-7-1 of this code, with the principles of 1° of article L. 5211-25-1 also applying to assets transferred in full ownership to the public-private partnership. Article L. 3113-1 of the General Code on the Ownership of Public Persons does not apply to the public river domain transferred in application of the present article.
