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A comparative study of the process of concluding concession contracts in the Iranian oil industry with other legal systems (Roman-Germanic - Common Law); with emphasis on the ownership system that governs it | ||
| پژوهشنامه حقوق تطبیقی | ||
| Article 2, Volume 10, Issue 1 - Serial Number 21, April 2026, Pages 29-53 PDF (683.37 K) | ||
| Document Type: Original Article | ||
| DOI: 10.22080/lps.2025.28542.1710 | ||
| Authors | ||
| Hamid Pishva1; Morteza NejabatKhah* 2; Zahra Mahmoodi2 | ||
| 1PhD student of Public Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran | ||
| 2Associate Professor, Department of Public Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran | ||
| Receive Date: 02 February 2025, Revise Date: 03 May 2025, Accept Date: 22 June 2025 | ||
| Abstract | ||
| Iran, as the first country in the Middle East, attempted to conclude concession contracts, but after the attacks from critics of concession contracts and popular demands and after the approval of the 1957 Oil Law, like other legal systems in the world, did not take steps to update its concession contracts in the oil industry. However, with a brief review of other legal systems, we witness the conclusion of a modern generation of concession contracts in France, license contracts in Britain and lease contracts in the United States of America, all of which are considered to be among the new generation of concession contracts. France, as a developed country and representative of the Romano-German legal system, took steps to update its oil concession contracts from the perspective of the nature of the "administrative contract", while the United Kingdom and the United States, as countries with oil resources and development, have taken the initiative of license and lease contracts as new generation concession contracts, considering the standards of the common law legal system. In this article, we have tried to use the method of systematic review studies (Systematic Review), and with regard to all the articles related to the subject selected from different databases, to reach the conclusion that, while stating the benefits and types of new generation concession contracts, we can also list the reasons for the tendency of countries with hydrocarbon resources to new generation concession contracts. Although these contracts do not mention the ownership of the concession holder over the reservoir and the ownership of the government over the field has changed, the events after World War II caused a transition from traditional concession contracts to modern concession contracts; | ||
| Keywords | ||
| Oil and gas industry; upstream contracts; modern concession contracts; exploitation license; license; lease contracts | ||
| References | ||
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