پیمان آقابابائی دهکردی

The subject of this paper is the analysis of the nature and validity of price adjustment clause by paying the difference at the time of payment of the last installment. The unpredictable changes in commodity prices in the market have led to, in sales in installment, sellers cannot set a part of price allocated to installment, so they designed the above mechanism. This term concludes that, in the sale of installments, the last installment has been adjusted and the buyer is required to pay rest. In this paper, using a descriptive and analytical method and referring to the main sources, after analyzing the various forms of the above mechanism, it is recognized & this result has been achieved, If understanding of Gharar, and summarizes in assurance, this term will be correct. The judicial procedure also recognizes it's as valid. Keyword: installment sales, condition about performance of an act, corollary term suspended, adjustment, open price, Gharar.

The subject of this article, is take or pay obligation. Take or pay is an obligation which the buyer is committed to pay the price to seller, Whether or not he was ready to receive the sales. Accordingly, in this paper, using a descriptive and analytical method, and reviewing existing theories, we critisize them, the nature of this matter was extracted. The nature of the subject is sale an object with general description which also contains the two corollary terms suspended and the surveys show that, in Iranian legal system, there is no credible and strong opposition. In contrast, in Islamic law, although according to some opinions that even celebrities, the validation is opposed, but one could say, first, there was no consensus on the lack of aproval in this regard, Second, the views of some jurisprudents provide a basis for justifying this kind of contract. - - - - - -

Petroleum contracts are considered as a sensitive and important issue respecting Iran's oil industry. Overseeing petroleum contracts is of particular importance, especially in the upstream sector, due to its governmental nature, long duration and high financial volume. As the representative of the nation, the parliament is one of the institutions whose control over oil contracts plays an important role to achieve the supervision goals. In this article, using a descriptive-analytical method and after discussing generalities about petroleum contracts, we try to identify and examine the capacities of the parliament in order to monitor these contracts. Based on the findings of this article, it seems that the parliament, by exercising its powers, is able to exercise approved supervision specially as well as inquisitive supervision generally.

Private sector investment, particularly foreign investment is a major and vital category in exploration and development of oil and gas industry. Since the major oil fields are in undeveloped countries, which most important feature of them is government budget lack and weak domestic private sector financing, attracting foreign investment is important. Absence or lack of them has created some problems. Production sharing agreement is, in the last-mentioned countries, as tools for attracting of foreign investment from overseas. Due to the international popularities of the PSA and discussions on design a new contract patterns, in this paper, the use of PSA in the upstream oil industries of Iran is discussed. In this talk, with the use of descriptive and analytical methods and refer to authentic sources of oil law, have studied by financial & non-financial terms of PSA and then, comparing its efficiency in analogy with buy back, analyzed. Finally, this result was obtained that using of PSA in analogy with buy back, will some benefits to our Countries.