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Journal: 

MANAGEMENT ACCOUNTING

Issue Info: 
  • Year: 

    2018
  • Volume: 

    11
  • Issue: 

    37
  • Pages: 

    29-40
Measures: 
  • Citations: 

    0
  • Views: 

    960
  • Downloads: 

    0
Abstract: 

This study explains the individual’s behavior toward profits and losses contained in differently framed combined incentive contracts. Individual’s risk preferences and loss preferences are measured using Holt and Laury (2002) measure of risk aversion and Brink and Rankin (2013) measure of loss aversion, respectively. The last measure was adjusted with compensation characteristics in Iran. The relationship between these preferences and individual’s behavior under economically equivalent contracts of different frames is examined using experiment. Participating 92 subjects as well as conducting four separate experiments, the result indicated that there is a negative relationship between loss aversion and accepatance of contracts which have penalty component. Also, subjects preferred the first clawback contract (bonus> penalty) rather than the second clawback contract (bonus< penalty). In other words, contracts framing as well as endowment effect play a vital role in individual choices. Failure of common economic theories in explaining of individual behavior is confirmed in this study.

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Issue Info: 
  • Year: 

    2017
  • Volume: 

    2
  • Issue: 

    2
  • Pages: 

    101-133
Measures: 
  • Citations: 

    0
  • Views: 

    2451
  • Downloads: 

    0
Abstract: 

Ensuring a healthy environment involves and protects human beings and besides enjoying this right man has a commitment to protect it. The need to pay attention to the environment should be considered in parallel with the productive activities as a pillar of sustainable development. With regard to the position that the oil industry has found in today's world it should not be overlooked for human and environmental damage and we should look for solutions to reduce these injuries. Oil operations such as exploration development exploitation transportation and oil refining on the environment have devastating effects that can be controlled and reduced by measures. In this regard governments try to reduce the environmental impact of oil operations by setting laws and regulations. In this paper the emphasis on compliance with environmental requirements and the preservation of human rights of the environment has been addressed by the review of environmental laws and regulations and oil issues.

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    2
  • Issue: 

    4
  • Pages: 

    143-178
Measures: 
  • Citations: 

    0
  • Views: 

    1384
  • Downloads: 

    0
Abstract: 

Energy Service Contract is an important method for energy saving. While taking some degree of risk, Energy Service Companies implement the energy-saving projects in the form of energy performance contracts for energy consumers (clients). This kind of contracts enjoy some new, subtle and different features. The question is whether this type of contract can be classified as a new contractual form? If not under which type of existing contract forms are they classified? In this paper, the framework of shared savings and guaranteed savings contracts as the main types of energy performance contracts is reviewed. Documents issued by the Ministry of Petroleum are compared to some certain contracts, including sales, promise of reward, hire-purchase and partnership; it is concluded that this specific kind of contract, is not compatible with any of the definite contract types mentioned above. Hence these contracts should be recognized under the principle of sovereignty and freeness of wills, Article 10 of the Civil Code. it is argued that these contracts are not marred by the risk of loss, so they are not defying the specific terms of law. it is argued that the structure of shared saving contracts is the same as of the reward contract under the definite contracts.

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Author(s): 

Mulaee Ayat

Issue Info: 
  • Year: 

    2021
  • Volume: 

    13
  • Issue: 

    2
  • Pages: 

    287-322
Measures: 
  • Citations: 

    0
  • Views: 

    220
  • Downloads: 

    0
Abstract: 

However, in the Iranian legal system, a legal entity called "administrative contract" has not been identified and despite the efforts of public law jurists, such a path has not gone well. But it seems that in Iran, in the shadow of the requirements of the modern state, some of the administrative contracts here, specifically the mandatory ones, have been in place for decades, and promise to establish a law known in the Roman-German tradition as an "administrative contract. " The present article answers this question by understanding such importance: What are the grounds and problems of the birth of administrative contracts through compulsory contracts in the Iranian system? In response to this question, using the research method descriptive-analytical, these results have been obtained. First,Compulsory contracts in Iran are, in many cases, functionally the same as administrative contracts. Second,Due to the occurrence of such a situation, one can hope for the legal recognition and establishment of administrative contracts in Iran and in this way it got rid of the confusion that prevails in the current atmosphere. Third,Despite the legislature's railing for the birth of administrative contracts in Iran, there are many obstacles in front of this legal institution in Iran. Fourth, The focus of these obstacles is in the view of the Guardian Council on the issue of the contract.

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Journal: 

CIVIL LAW KNOWLEDGE

Issue Info: 
  • Year: 

    2016
  • Volume: 

    4
  • Issue: 

    2 (8)
  • Pages: 

    1-10
Measures: 
  • Citations: 

    0
  • Views: 

    1952
  • Downloads: 

    0
Abstract: 

Lien is the right of recoupment by one party until liability fulfillment by other party. This right becomes binding in exchange contracts such as: sale and rent (lease). The main criteria for separationg them from non- exchange contracts is commitment and confrontation between parties, such that if one of these two is removed, the contrant will not been of exchange type. In addition to describing A major reason for conducting this research is investigation of the lien enforcement domain and lacking of its application for sale as well as highlighting its effects and consequences in mutual interest contracts from the viewpoint of jurisprudents. The research method is librarian and by using of appropriate.In this writing we described lien. Results showed that enforcement domain of the lien is not limited to sale contract; rather it involves other contracts such as rentand mutual interest settlement. Some of its consequences are its deposition on the lienclaimer and lacking of need to bring a suit and the court sentence for enforcing it.

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Author(s): 

AMINI MANSOUR | SEDAGHATI ALI

Journal: 

Legal Research

Issue Info: 
  • Year: 

    2011
  • Volume: 

    -
  • Issue: 

    55
  • Pages: 

    9-34
Measures: 
  • Citations: 

    0
  • Views: 

    2075
  • Downloads: 

    0
Abstract: 

Nowadays disruptions in the type of interactions and the level of independence have led to a transformation in the law of contracts.The most significant of these manifestations is represented in the increasing number of limitations placed on the freedom of contracts.In fact, in the modern society, owing to significant differences in the individual's bargaining power and disruption in the balance of contract, on the one hand, and specialization of affairs, on the other, absolute deference to this principle would probably defeat its own purpose; not only will it not increase public welfare, but also it will worsen the hardships and difficulties facing consumers.In modern law, limitations are imposed on the freedom of contract not only to prevent the making of contracts harmful to society, but sometimes it also requires individuals to conclude a contract or to accept the terms of the contract or to choose the other party to the point of impinging on the freedom of individuals.Therefore, compulsory contracts are the result of limitations on the concept of the freedom of contract and its territory is a function of the economic and social necessities of each country.

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Author(s): 

Ahmadi Habib

Issue Info: 
  • Year: 

    2024
  • Volume: 

    88
  • Issue: 

    125
  • Pages: 

    219-245
Measures: 
  • Citations: 

    0
  • Views: 

    139
  • Downloads: 

    41
Abstract: 

contracts can be set in one of the two following ways: rigid or flexible. The first type focuses to foresee all the rights and obligations of both of the parties only through attaching importance to legal relations. The drawback of such contracts is their lack of adaptability with the possible future changes in the conditions which can lead to loosing opportunities. On the other hand, flexible contracts, especially used in long-term business relations, are adaptive to possible future changes as they establish balance among interpersonal, legal, and exchange relations. Flexibility is a beneficial skill that can be used when changes arise. According to surveys rigid contracts were favored in the past while flexible ones, due to their ability to keep pace with an accelerated world, are popular today. By its descriptive-analytic approach, the present research attempts to introduce flexible contracts and their benefits, and also the ways through which it is possible to make contracts flexible and keep their stability at the same time under the two headings of collaboration and visualisation.

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Author(s): 

TABATABAEI SEYED MOHAMMAD SADEGH | TAJMIR RIYAHI SOMAYEH

Issue Info: 
  • Year: 

    2013
  • Volume: 

    3
  • Issue: 

    1 (8)
  • Pages: 

    17-35
Measures: 
  • Citations: 

    0
  • Views: 

    1552
  • Downloads: 

    0
Abstract: 

Time proportional contracts are such contracts in which the ownership of the property or its profits is transferred to the contracting party, proportional to time. This means that the party will have the right to use or operate the property in determined portion of the year and will be able to intervene in the property permanently or alternately according to the terms of the contract. This kind of contracts could be formed as a contract of rent, partnership in either the property or its profits, common sale conditional to partnership in profits, and the contract of compromise. Concerning the essence of such contracts, conclusion in the form of loan, exchange, and the right to benefit is impossible. Hereby, we will try to examine the possibility of conclusion of time proportional contracts in the form of determined contracts.

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    5
  • Issue: 

    18
  • Pages: 

    179-217
Measures: 
  • Citations: 

    0
  • Views: 

    1036
  • Downloads: 

    0
Abstract: 

Fiscal regime is one of the main differences between petroleum contracts. Fiscal regimes in oil contracts are divided in two main categories namely Concessionary and Contractual Systems. In contractual systems, the main difference between service and production sharing contracts is the way of compensation of contractor services which could be in cash or in kind. In production sharing contracts the contractor receives a portion of produced oil. One of the main criteria to compare fiscal regimes is government and contractor takes in real values. Comparing the net present value of contractor take shows that PSC could have been more desirable and cost effective in Azadegan, Soroush & Norouz, Forouzan & Esfandyar oil fields than Buy-Back contracts.

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Author(s): 

IRANPOUR FARHAD

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2008
  • Volume: 

    38
  • Issue: 

    2
  • Pages: 

    25-38
Measures: 
  • Citations: 

    3
  • Views: 

    4355
  • Downloads: 

    0
Abstract: 

The analyze of petroleum contracts demonstrate that in respect to the intensity of the cooperation between the state company and oil companies, we could find the different evaluative categories of the contracts on upstream oil industry. Historically, the first generation of the petroleum contracts was the Concession Agreement in which the transferring of ownership was the base. The License Agreement as a contract for transfer of the oil benefit was another category of the contract in the oil industry. In the historical evolution of the petroleum contracts, we realize the creation of the Service Contract which is, in fact, the result of national revolution in the oil countries. And actually, the sharing concept is replaced to the reciprocal concept in the petroleum contract and now the Production Sharing Agreement is a predominant model in the oil industry in developing countries.

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