نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Due to the existence of joint operations, IOCs are faced with the challenge that they may apply domestic rules regarding partnership. This article, by comparative study of English, US and Iranian law, addresses the issue of under what terms the domestic rules of partnership apply to the JOA and what solutions can be modelled to prevent the application of these provisions to the JOA. The application of the domestic rules of "Partnership" in English law is subject to the joint lifting and the sale of oil and gas produced and "Mining Partnerships" in American law is subject to the joint management and control of oil operations by the parties and "civil company" in Iranian law is subject to the existence of common ownership. Despite agreement of the parties, the courts may still apply the above rules, so in the case of UK-influenced JOAs, each party is committed to the individual lifting and sale of oil and gas produced, and in the case of US-influenced JOAs, the operating committee does not exist. In Iranian law, the provisions of the Maximum Use Act of 2019 prescribes two forms of commercial company or Economic Group with Common Interests.
کلیدواژهها English
