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Investigating and Comparing the Position of Force Majeure and the Impossibility of Contracts in Iranian Oil Contracts
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Abbas Esfandiari Khaledi1   , Mahmoud Jalali * 2 |
1- Khorasgan Branch of Islamic Azad University
2- University of Isfahan , m.jalali@ase.ui.ac.ir |
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Abstract: (2338 Views) |
The effect of the two legal entities of force majeure and the impossibility (frustration) of the contract is almost similar, and that is the impossibility of fulfilling the obligation or contract. However, these two theories, although are very similar in practice, have some differences that distinguish them from each other; Initially, the question was what is the nature of the two institutions of force majeure and the frustration of contracts in Iran and what is their position in contracts and the Iranian oil and gas law system and by collecting materials by means of the library method and using analytical research method Descriptively, it was concluded that the two entities, although they have some similarities, cannot be considered as one, and in reciprocal sales contracts in Iran, a contractor who has resorted to coercion to receive his costs must wait by the time of operation from the field. Iran's new oil contracts have also taken the form of reciprocity agreements regarding coercion, with the exception that international sanctions are not an example.
JEL Classification: K12, H84, K00.
Keywords: Oil contract, force majeure, impossibility, sanction, buy back.
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| Keywords: Oil contract, force majeure, impossibility, sanction, buy back. |
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Full-Text [PDF 1529 kb]
(860 Downloads)
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Type of Study: paper |
Subject:
Contracts
Received: 2021/08/13 | Accepted: 2022/05/31 | Published: 2022/05/31 | ePublished: 2022/05/31
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