Ownership of oil in international oil contracts from the perspective of private law

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KAZEMI NAJAFABADI ABBAS

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Journal: PRIVATE LAW Year:2017 | Volume:5 | Issue:18 Page(s): 131-165

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Title

Ownership of oil in international oil contracts from the perspective of private law

Author(s)

KAZEMI NAJAFABADI ABBAS | Issue Writer Certificate

Keywords

Transfer of OwnershipQ2

Ownership of OilQ2

Oil ContractsQ1

Oil ActQ1

Private LawQ1

Abstract

The determination of time and place of Transfer of Ownership is one of the most challenging issues in international Oil Contracts. In Oil Contracts, on the one hand, the host State usually chooses its own national law as the applicable law, but on the other hand, foreign companies are usually affected by Common Law due to history of Oil Contracts. In Common Law, the Transfer of Ownership depends on mutual agreement, but in Iranian law, the Transfer of Ownership depends on legislation and it may be different based on type of contract. Most oil-rich countries consider Common Law solution based on consensus, however, in Iranian legal system, there is a need for a statute which does not currently exist as a result of repealing the previous petroleum Act. Therefore, it should be noted that in the current legal state, the determination of time and place of Transfer of Ownership in Oil Contracts, particularly in production sharing and concession contracts, is void and ineffective.

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APA: Copy

KAZEMI NAJAFABADI, ABBAS. (2017). Ownership of oil in international oil contracts from the perspective of private law. PRIVATE LAW, 5(18 ), 131-165. SID. https://sid.ir/paper/252757/en

Vancouver: Copy

KAZEMI NAJAFABADI ABBAS. Ownership of oil in international oil contracts from the perspective of private law. PRIVATE LAW[Internet]. 2017;5(18 ):131-165. Available from: https://sid.ir/paper/252757/en

IEEE: Copy

ABBAS KAZEMI NAJAFABADI, “Ownership of oil in international oil contracts from the perspective of private law,” PRIVATE LAW, vol. 5, no. 18 , pp. 131–165, 2017, [Online]. Available: https://sid.ir/paper/252757/en

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