چکیده:
One of the most important criteria that decision-makers of upstream oil and gas field after Islamic Revolution always choose selected contract based on it be lack of conflict of the contract with Jurisprudential and Islamic Foundations. Accordingly, this paper with the aim of explanation of jurisprudential status of Buy Back contract for upstream oil & gas field study Legal nature and financial structure of the contract and then introduce some previous attitudes about jurisprudential status of upstream oil and gas contracts. Finally, with regard service nature of Buy Back contract and by using comparative study method is analyzed natural and structural aspects of Buy Back contract based on nature and pillars of Personals Lease contract and is concluded that nature and principles of Buy Back contract for upstream oil & gas field be conformed with nature and principles Islamic Personals Lease contract.
خلاصه ماشینی:
249), and as well as intensifying supervision over operations related to the country's hydrocarbon resources, the Ministry of Petroleum introduced the first generation of cross-sale contracts in the upstream sector of the oil and gas industry to the international oil industry, pursuant to clause "b" of Note 29 of the 1993 Budget Law. It should be mentioned that since, based on one of the general clauses of this contract, the National Iranian Oil Company (as the representative of the state) allows the foreign oil company to carry out development or exploration operations on behalf of and in the name of the National Iranian Oil Company in the domestic contract area; therefore, from the perspective of this contract, the foreign oil company acts not as a partner or owner of the project, but as a contractor for the National Iranian Oil Company.
In this type of contract, the foreign oil company (FOC6) undertakes, according to the contractual description of duties, to perform various types of cash or physical investments in the process of upstream operations of the hydrocarbon field and finally, upon the realization of the objectives stated in the Master Development Plan (MDP7) and based on the "Long-Term Crude Oil and Gas Sales Agreement (LTCOSA)".
This is because in both legal institutions of cross-sale and ijarah of persons, an exchange of considerations takes place; such that on one side, the lessee (employer) acquires the benefits arising from the financial and non-financial services of the employee (contractor), and on the other 38 side, the lessee is obliged to pay the rent to the employee in exchange for benefiting from these advantages and, upon achieving the desired result, according to the contract.
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