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The legal nature of the clauses in the development specifications

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The development is a complex operation situated halfway between private law and public law. Therefore, given the current desire for urban densification, the funds that make up these packages are now considered to be important fields of land. It is in this context that the administrative authority wishes to intervene in order to ensure the mutability of these land resources. The main obstacle to this objective is that the terms of reference and the resulting clauses are central to this objective. Since it was originally intended to regulate relations between colotis, that document was subsequently misappropriated by certain operators wishing to freeze the planning law applicable within the scope of the operation. Therefore, the question of the legal nature of those clauses may be raised. However, this question is largely dealt with by the case-law and the legislature. In fact, rather than characterising the tender specifications as a whole, the terms contained therein have, however, been little dealt with. It therefore appears necessary to address the issue from a doctrinal point of view, revealing the sui generis nature of those provisions, which cannot be compared with rights of planning or private law.

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