جستجوی مقالات مرتبط با کلیدواژه "تعهد دریافت یا پرداخت" در نشریات گروه "فقه و حقوق"

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. - - - - - -

Since the LNG projects are so capital intensive, often financers do not finance in these projects without making sure about its certain income stream. The main instrument to reach into this certainty for the sellers and financers is inserting the “Take or Pay” clause in the contract. Therefore, today the “take or pay” clause has become the defining characteristic of long term LNG sales contracts. In different legal regimes, some doubts have been raised against the validity and enforceability of this clause. In addition with changing feature of LNG projects, it seems that traditional “take or pay” clauses have lost their efficiency and we need to step back and reevaluate the traditional “take or pay” structure in today’s evolving LNG marketplace. Considering the validity and enforceability of “take or pay” clauses in different legal regimes and the reasons of their inefficiency and finding some ways to improve the efficiency has been considered in this article.