چکیده مقاله
The principle of autonomy of will, as one of the fundamental principles of contract law, emphasizes the freedom of parties in determining contractual terms and obligations This principle is widely accepted in commercial contracts; however, in oil contracts, due to the strategic nature of hydrocarbon resources and the prominent role of governments in this industry, it faces multiple limitations and challenges This research seeks to examine the legal challenges related to the principle of autonomy of will in oil contracts and to analyze the conflict between governmental sovereignty requirements and contractual freedom of the parties Findings indicate that in many countries, the principle of autonomy of will is not fully implemented, as governments impose contractual restrictions through regulatory policies, domestic laws, and environmental requirements However, some countries, such as the United States and Norway, grant greater freedom in this regard and utilize production sharing models and concession contracts to balance the interests of the government and oil companies This study emphasizes the necessity of balancing sovereignty requirements and contractual freedom and offers recommendations for reforming legal framework
کلیدواژهها
نویسندگان
Alireza Barati
Islamic Azad University, Nourabad Mamasani
شیوه ارجاع
Barati, Alireza,1404,Examining the Principle of Autonomy of Will in Oil Contracts: Legal Challenges and Limitations in Domestic and International Legal Systems,20th International Conference on Legal and Judicial Studies
ارائهشده در
مجموعه مقالات بیستمین کنفرانس بین المللی مطالعات حقوقی و قضایی20 فروردین 1404