جستجوی مقالات مرتبط با کلیدواژه « عقود معین » در نشریات گروه « مدیریت »

Energy Service Contract is an important method for energy saving. While taking some degree of risk, Energy Service Companies implement the energy-saving projects in the form of energy performance contracts for energy consumers (clients). This kind of contracts enjoy some new, subtle and different features. The question is whether this type of contract can be classified as a new contractual form? If not under which type of existing contract forms are they classified? In this paper, the framework of shared savings and guaranteed savings contracts as the main types of energy performance contracts is reviewed. Documents issued by the Ministry of Petroleum are compared to some certain contracts, including sales, promise of reward, hire-purchase and partnership; it is concluded that this specific kind of contract, is not compatible with any of the definite contract types mentioned above. Hence these contracts should be recognized under the principle of sovereignty and freeness of wills, Article 10 of the Civil Code. it is argued that these contracts are not marred by the risk of loss, so they are not defying the specific terms of law. it is argued that the structure of shared saving contracts is the same as of the reward contract under the definite contracts

Abstract Studing the possibility of conclusion of a time sharing via definite contracts Time proportional contracts are such contracts in which the ownership of the property or its profits is transferred to the contracting party, proportional to time. This means that the party will have a right to use or operate the property in determined portion of the year and will be able to intervene in the property permanently or alternately according to the terms of the contract. This kind of contracts could be formed as a contract of rent, partnership in either the property or its profits, common sale conditional to partnership in profits and the contract of compromise. Concerning the essence of such contracts, conclusion in the form of loan, exchange and the right to benefit is impossible. Hereby, we will try to examine the possibility of conclusion of time proportional contracts in the form of determined contracts.