Loading ...
Sorry, an error occurred while loading the content.
 

Re: [Czechlist] TERM: koncesni zakon, koncesni rizeni, koncesni smouva, koncesionar

Expand Messages
  • Michael Trittipo
    Fwiw, all the terms mentioned here are in use in the U.S. legal system, and often interchangeably. Sometimes the prevalence of one term in one context and
    Message 1 of 14 , Feb 24, 2006
      Fwiw, all the terms mentioned here are in use in the U.S. legal system,
      and often interchangeably. Sometimes the prevalence of one term in one
      context and another term in another context is a matter of historical
      accident. For example, in the National Park Service and Forest Service,
      the term "concession" (and its relatives such as "concessioner" and
      "concession contract" and so on) is common, but everyone also knows that
      such a concession is in fact a form of a "public utility," which of
      course is also recognized to be a "franchise," i..e., a government grant
      of a regulated monopoly. (Not to be confused with the word "franchise"
      when used to describe private agreements for things like chain
      stores.) The electric company can be said to have a franchise or to be
      a public utility; it could as easily be called a concession, but is not,
      for historical reasons. Ditto the telephone companies, water companies,
      some toll road operators, streetcar companies, providers of lodging or
      services in national parks, ferry services, and so on. Concessioners
      pay franchise fees to the government for use of the monopoly granted
      them. The one term *not* to use in this connection is probably
      "procurement contract." See
      http://www.usdoj.gov/osg/briefs/2002/3mer/2mer/2002-0196.mer.aa.html

      Mike Trittipo
      J.D. 1981 cum laude
      (if that makes a difference)
    Your message has been successfully submitted and would be delivered to recipients shortly.