The existing mechanism and challenges caused by the termination in the legal system of mutual sales contracts and the new model of oil contracts called IPC in the upstream sector of the oil and gas industry with considerations of the strategic policy

Rabiei, Mohsen; Aghaie Bejestani, Maryam; Rouhani Moghadam, Mohammad

doi:10.22034/mral.2023.1987825.1427

The existing mechanism and challenges caused by the termination in the legal system of mutual sales contracts and the new model of oil contracts called IPC in the upstream sector of the oil and gas industry with considerations of the strategic policy

Articles in Press

Document Type : Original Article

Authors

Mohsen Rabiei ¹

Maryam Aghaie Bejestani ²

Mohammad Rouhani moghadam ³

¹ Department of Private Law, Semnan Branch, Islamic Azad University, Semnan, Iran

² Department of Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran.

³ Fiqh and Fundamentals of Islamic Law. semnan Branch, Islamic Azad University Semnan , Iran

10.22034/mral.2023.1987825.1427

Abstract

In Iran's neighboring country, such as Iraq, two different interpretations of the constitution led to the formation of two different legal systems in this country for the exploration and exploitation of oil resources. In the Kurdistan region of Iraq, to exploit the resources that exist within the borders of this region, the type of production participation contracts is used, but the central government of Iraq uses service contracts. These conditions are for control, monitoring and also maximum use of economic benefits for the mentioned country. In contracts of the upstream sector such as cross-selling and the model of the new generation contract called IPC, if the components of the policy cycle, especially the formulation and implementation of policies, are strictly followed, it becomes an important factor for strengthening the national and strategic interests of Iran. Therefore, it can be concluded that according to the conditions, it is necessary to establish a clear and structured systematic mechanism, in line with the conclusion of oil and gas contracts and giving credit and value to technology transfer in them, including the preparation and compilation of a comprehensive annex of technology transfer, which includes The obligations and duties of the other party should be set in detail and efficient executions guaranteed. The current research is an analytical-descriptive method and the method of data collection is the library-internet method.

Keywords

Technology transfer

sales contracts

Islamic Republic of Iran

oil and gas contracts

Subjects