چکیده:
Today, oil holds great importance in the economies of producing countries. For various reasons, including colonial relations between producing countries and colonizing countries on one hand, and the lack of specialized manpower and necessary capital for oil production in third-world countries on the other, oil production was carried out primarily with the participation of capitalists from industrial countries. For this reason, determining the legal nature of these relationships has entailed many discussions. On one hand, the general and economic aspects and its moral hazards for the host country, and on the other hand, the private aspect of the capitalist, have added to the difficulty of the discussion. The financial and non-financial conditions of such contracts have undergone significant changes at different historical stages, which has created many patterns. Political and economic developments in the world have, in turn, brought about changes and transformations in the conditions of these relationships and their moral hazards. Examining the first form of these oil relationships, which were signed under the title of 'Concession' between capitalists and oil-owning governments, can identify various ethical angles in these contracts. In this article, the examination of the appropriate moral hazard pattern in the non-financial terms of oil and gas contracts in Iran has been conducted using a descriptive-analytical method.
خلاصه ماشینی:
This term, which was also reflected in Article 24 of the IPA contract, had the essence that "50 percent of the oil in the operational area at the wellhead shall belong to the National Iranian Oil Company and 50 percent shall belong to Pan American International"; its re-mention in the 1366 Petroleum Law creates ambiguity, which, of course, was resolved through Articles 3 and 19 of that law, and the principle that ownership of oil mines belongs to the nation or the state of Iran is accepted, not only in Iran but in most countries of the world, including European countries, due to its very close connection with the public interests of a country's people.
3- Contracts that governments conclude with foreign private persons, whether legal or natural, and accept by will and intention that the relationships created from that contract shall be subject to legal provisions other than their national and domestic laws; these contracts are also called 'contracts between states and public state institutions with foreign private persons' or semi-international contracts, and the oil contracts under discussion are also mentioned as part of this category, and they are referred to as International Oil Contracts.
” Investment Participation Contracts This is another form of production sharing contracts, which is considered a more advanced type, meaning that both the host government and the foreign operating company share in the profits and risks of the oil agreements.
Many factors are involved in this matter, namely: the political and economic relations the oil-owning state enjoys in the arena of international relations, as well as the domestic laws of the host country that make the conclusion of a specific form of contract possible or prevent the signing of certain types of contracts.
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