The Possibility, Desirability and Quality of Ratification of the Product Sharing Agreements in Iran's Oil Industry

Message:
Abstract:
after the ratification of the oil act of 1353, the using of product sharing agreements in Iran’s oil industry became banished. After that, in the oil act of 1366 and in the other acts, and also in some articles of the constitutional law, this prohibition continued. It seems that the main reason for not using such contracts is because of the legal barriers; that is to say, both the constitutional law and the oil acts and also the other rules which latter ratified, have contents within themselves that prohibit the Iran’s national oil company from using product sharing agreements. It is to be said that using these contracts could bring us so much advantages from different points. Therefore, being deprived of using such contracts is not justified. In fact, beyond the desirability and the good advantages which these contracts could bring for us, nowadays the process of ratifying these contracts, in comparison to the past, could be in a situation that shows us this legal barrier more unjustified. Hence, the analysis of the advantages and the desirability of such contracts and also the legal possibility of them is necessary. Also, we need to analysis the modern conditions and the circumstances for ratifying them. The summary of this research was that, by analysis of the advantages and the desirability of using such contracts at this time, we show the importance of these contracts and also responding this question that why we may have and use these contracts in our oil industry. After proving the desirability and the advantages of these contracts, we proved the legal possibility of them and by surveying all the related acts and rules, we showed that there is no legal barrier to these contracts in our legal system. In the end, we came up with some propositions about how making these contracts in the modern period.
Language:
Persian
Published:
Judicial Law Views Quarterly (Law Views), Volume:16 Issue: 55, 2011
Page:
151
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