A Jurisprudential, Legal and Economic Review of Petroleum Contracts Model

This article discusses the main principles of petroleum contracts model based on mutual transaction and its four generations. The relationship between the mentioned model and Articles (77) and (125) of the Constitution of the Islamic Republic of Iran have been examined to answer some questions for example, Can presentation of the model be considered as the delegated powers? What is the distinction between the content and criterion for contractual laws and regulations on the ministries’ functions? Has it been observed in practice? Is the model consisted with the upstream rules as well as Principles of the Constitution of the Islamic Republic of Iran perfectly? If one of the parties is apparently Private Corporation, can be sufficient to violate the Article (77)? What if a government (as one of the parties) comes up as a corporative party? According to the Article (44) of the Constitution, any decision will be made accordance with the parliamentary approvals unless this authority is assigned to the Cabinet of Ministries under the Constitution. The Article ends with pointing to the observance of the Rule of Nafye Sabil (i.e. non-Muslims have no authority over Muslims as well as participating in int’l organizations) as an upstream rules in arranging and modeling petroleum contracts which requires overseeing capacity in our country.