جستجوی مقالات مرتبط با کلیدواژه « بیع متقابل » در نشریات گروه « علوم سیاسی »

Some argue that Iran Petroleum Contracts (IPC) are buy-back (bai' motaqabel) agreements. However, considering the basic criteria of such agreements—including the absence of a concrete object, subject of the contract, and design/development at the time of contract conclusion—IPCs cannot be regarded as buy-back contracts. The main research questions are why IPCs cannot be categorized as one of the common legal contracts such as sale, barter, and reward (Ji’ala) and whether they must be defined within the scope of Iranian or international law.  The findings of this analytical and comparative study outlined three different views concerning the nature of IPCs: (1) administrative contracts governed by domestic laws of the employer, i.e., the government, (2) private contracts governed by Article 10 of the Iranian Civil Code, and finally, (3) contracts with international and transnational features. There are arguments made in favor of each view. In terms of Iranian laws, IPCs are marked with special features with similarities and differences in comparison to other contract types specified in the Iranian Civil Code such as sale, barter, reward, and lease, while they cannot be classified as either one of these.

Reciprocal contracts lead to the transfer of technology to developing countries, then to develop oil and gas fields and expand investment in this area, the Ministry of Oil and Gas has no choice but to conclude reciprocal contracts with other governments and foreign private companies. According to Iranian law, because oil and gas resources are part of public wealth, the right to sovereignty over resources is the responsibility of the Iranian government, so it is concluded through the method of reciprocal sale. Therefore, with the analytical-descriptive method and in the form of a library, we try to examine the reciprocal sales contracts related to the oil and gas industry in order to make the necessary structural adjustments and adjustments to achieve optimal conditions and mechanisms. Research shows. Due to the nature of the laws of the Islamic Republic of Iran, reciprocal sale agreements are appropriate and thus neither the oil and gas industry is dominated by foreigners nor the government loses its dominance over oil and gas resources. The interests of both parties to the contract are secured. In the present study, we will explore these contracts and provide solutions for concluding cross-selling agreements as well as possible, including the enactment of new laws in accordance with current conditions and legal-commercial principles.

Oil and gas reciprocal sale agreements, like other existing agreements in the field of foreign investment, have a special territory and principles that have been formed in each country according to the existing regulations and the agreements between them that the parties conclude. But the important question that the authors seek in this article is what is the legal scope and basis of oil and gas reciprocity agreements in the international arena and in Iranian law? In response to this issue, it should be noted that the scope and basis of this type of contract can be studied according to the legislative policy of countries such as Iranian law in accordance with existing jurisprudence and regulations.The principles governing the principles of reciprocity agreements and new patterns of oil contracts can be described in cases such as harmonization and standardization of oil contracts, commitment to the condition of guarantees for the parties to oil contracts and the expansion of trade relations. Therefore, in the present study, the dimensions of the research subject will be studied descriptively and analytically, citing library sources.

The development of the oil and gas industry in Iran requires financial resources, which unfortunately the government is not able to provide all of them with its budget constraints. Therefore, attracting financial resources from abroad to implement such projects can increase production capacity and job creation in the Iranian economy. The present study was an examination of the challenges of the legal system governing the foreign financing contracts of the National Iranian Oil Company. International oil contracts have many fluctuations in the nature of the general terms of the contracts, so it is essential that this study compares the financial challenges with financing by comparing and reviewing the necessary scientific articles in this field with an analytical, comparative and descriptive approach. As a result, Iran's oil industry has made every effort to achieve the goals set out in the Vision Document. What can be deduced from the results of the research is transparent international laws in the oil industry.