Contract

Open Access Article

1 - Justice Based on Emerged Conventions: A Critical Analysis of Skyrms’ Idea of Social Contract

Last two decades، some philosophers of social sciences and economists showed their interest in evolutionary explanations of Justice. Brian Skyrms is one of great contributor of these explanations. His two major works، Evolution of the social contract (1996) and stag hu More

Last two decades، some philosophers of social sciences and economists showed their interest in evolutionary explanations of Justice. Brian Skyrms is one of great contributor of these explanations. His two major works، Evolution of the social contract (1996) and stag hunt and evolution of social structure (2004)، are attempting to lay such explanations of justice by evolutionary game theory. The purpose of this paper is to present and evaluate the analytical framework and foundations of Skyrms’ idea. Accordingly، the paper، based on theoretical and analytical method، finds basic building blocks of Skyrms’ account of the social contract and then examines those foundations. Research findings show that skyrms seeks to naturalization of concepts such as justice; Project that meet with shortcomings such positive conception of values and inner inconsistency. Manuscript profile

Open Access Article

2 - renegotiaton in upstream contracts of the oil industry from the perspective of law a
Rahele Seyed Morteza Hosseini Bahram Taghipour Mehdi Abbasi Sarmadi Fatemeh Amiri

Because of the long-term nature of the upstream contracts of the oil industry, it is always possible for these contracts to be subject to fundamental changes in the situation. In such a way that economic, political, technical or economic, economic or economic changes wi More

Because of the long-term nature of the upstream contracts of the oil industry, it is always possible for these contracts to be subject to fundamental changes in the situation. In such a way that economic, political, technical or economic, economic or economic changes will overcome, in such a way that it is difficult for one party to fulfill the obligation, while the other party may benefit from these conditions. In such a case, re-negotiation is one of the solutions that can help resolve this problem. What many of these contracts today are of interest to the parties. Using this method, the parties can review the contract and allow it to continue to be implemented, the parties are required to observe ethics and goodwill to pave the way for an agreement to resolve the problem and exit the stalemate. . Re-negotiation may be entered in the conditional condition at the time of the conclusion of the contract or after agreement of the terms of the parties. This condition will stabilize the contract, and this will encourage foreign companies to invest in oil projects, which will result in economic development of the host country. In fact, this is a condition of a dispute resolution mechanism that prevents the liquidation of the contract in the event of a change of circumstances. However, observance of ethics and good faith requires the contracting party to seriously negotiate and make rational and enforceable proposals. Manuscript profile

Open Access Article

3 - Examining the appropriate pattern of moral hazard in the non-financial terms of oil and gas contracts
Davood Baghaee Babak Vosoughifard Homayoun Habibi

Today, oil has a lot in the economy of its producing countries. For numerous reasons, including the colonial relations between the producing countries and the colonial peoples on the one hand, and the lack of specialist forces and the necessary capital for oil productio More

Today, oil has a lot in the economy of its producing countries. For numerous reasons, including the colonial relations between the producing countries and the colonial peoples on the one hand, and the lack of specialist forces and the necessary capital for oil production in the Third World countries, with the participation of mainly capitalists from industrialized countries. For this reason, the legal nature of these relationships has been the subject of many discussions. On the one hand, the general and economic aspects and its moral hazard for the host country and the private aspects of capitalism have added to the difficulty of the discussion. The financial and non-financial conditions of such contracts have changed dramatically in different periods of history, creating many patterns. The political and economic changes in the world, in turn, have brought about changes and changes in the context of these relations and its moral hazard. A survey of the first form of these oil relations, signed under the title "Concession Concession" of capital investors with oil-rich governments, has revealed that today's conventional contracts can outline the different aspects of morality in these contracts. In this paper, the study of the appropriate model of moral hazard in the non-financial conditions of oil and gas contracts in Iran is carried out in a descriptive-analytical manner.. Manuscript profile

Open Access Article

4 - Legal and ethical solutions to deal with corruption in concluding international trade agreements
Bahram Taghipour Mehdi Abbasi Sarmadi Azam Mahdavi Pur Mohammad Taghi Ebrahimi

The purpose of this study is to investigate the moral and ethical aspects of corruption as a crime in the field of international trade and to identify international norms for dealing with them. The most important questions that this article intends to address are: Is th More

The purpose of this study is to investigate the moral and ethical aspects of corruption as a crime in the field of international trade and to identify international norms for dealing with them. The most important questions that this article intends to address are: Is the corruption that exists in the conclusion of international business contracts in the legality of the conclusion of the contract? What are the most important examples of corruption in international trade? What is the most important anti-corruption solution in international business contracts and in general, international trade? The results of the research show that the involvement of illegally brokers and brokers in international commercial contracts leads to the invalidation and ineffectiveness of these contracts due to their influence and the existence of bribes. Bribery, leakage, transaction collusion, fraud and fraud, commercial exploitation, illicit proceeds, money laundering, theft and seizure of property and committing other financial distortions by public officials and abuse of duty are the most important examples of corruption in the field of international trade. The accurate implementation of international instruments and domestic anti-corruption laws and the development of preventive criminal and non-judicial education is the most important way of tackling corruption in international trade. Manuscript profile

Open Access Article

5 - Explanation and application of the principle of non-discrimination in B-group contracts

Public-private partnerships are one of the main forms of financing and implementing infrastructure projects in developing countries. Contracts (Group B) are one of the most successful and effective contracts in this field, which has led to the significant growth of thes More

Public-private partnerships are one of the main forms of financing and implementing infrastructure projects in developing countries. Contracts (Group B) are one of the most successful and effective contracts in this field, which has led to the significant growth of these contracts and has led to the formulation of rules and regulations governing their implementation and enforcement by governments. In fact, the current framework for the classification of contracts in the form of a eBay contract. She. T is engineered and engineered according to their needs and the legal principles are not respected. Therefore, the current classification has several major disadvantages, including disregard for the nature of contracts, disregard for the principles of contracts, and disregard for the principles of division in law. Careful examination of these contracts shows that some of these contracts are so different from the BWT contract that they cannot be classified as a BWT contract and the proper division of these contracts into a B group. And the subgroup of Group B contracts. She and Dee. Bi. Is Manuscript profile

Open Access Article

6 - Ethical Analysis of a Comparative Study of the Rulings of Traditional and Electronic Contracts in Iran and Antitrust
mahmoud erfani

commerce (electronic-commerce) is, in principle, a financial transaction in the context of interconnected electronic devices; therefore, it is not a new financial contract, but includes traditional transactions and contracts. Interference with electronic devices has onl More

commerce (electronic-commerce) is, in principle, a financial transaction in the context of interconnected electronic devices; therefore, it is not a new financial contract, but includes traditional transactions and contracts. Interference with electronic devices has only changed the pillars of this contract. United Nation’s Commission on International Trade Law (UNCITRAL) has provided three important documents on e-commerce as follows: “ANCITRAL Sample Law on E-commerce”; “ANCITRAL Sample Law on E-signature”; “The United Nations Convention on the Use of Electronic Communications in International Contracts”. ANCITRAL sample law on e-commerce, major changes in communications, and in particular, in electronic and computer-based communications on trading, led ANCIRTAL to put the issue of electronic commerce on an agenda from the early 1980s. E-commerce consists of series of legal issues which finding an answer to them, in legal systems, is an irrefutable necessity. One of these issues is the termination of electronic contracts. Since the traditional contracts, in our country, are in their early stages, it is desirable to take advantage of the patterns that international institutions have put forward in this regard. Offering functional suggestions in relation to the topic can be considered as the goals specified in this study Manuscript profile

Open Access Article

7 - The ethical obligations of the parties in oil bunk contracts in Iran
Farzam Ardalan Nejat Ali Almasi mansour atashene

20.1001.1.23833279.1399.10.40.1.5

The article attempts to examine the contractual principles governing the Baikon contracts in Iran, which is frequently used by the National Iranian Oil Company, which serves as the Ministry of Oil. Iran, with its significant reserves of oil and natural gas, is ranked a More

The article attempts to examine the contractual principles governing the Baikon contracts in Iran, which is frequently used by the National Iranian Oil Company, which serves as the Ministry of Oil. Iran, with its significant reserves of oil and natural gas, is ranked as the world's second largest oil producer and exporter, as well as the world's second-largest gas reserves holder in the world, in terms of two highly desirable areas for investment. Investors (foreign) in Iran can mention the development of oil and natural gas, which still requires a drastic investment. Manuscript profile

Open Access Article

8 - The ethical obligations of the parties in oil bunk contracts in Iran
zohre azadi Abdullah Nasri

20.1001.1.23833279.1399.11.41.1.0

The article attempts to examine the contractual principles governing the Baikon contracts in Iran, which is frequently used by the National Iranian Oil Company, which serves as the Ministry of Oil. Iran, with its significant reserves of oil and natural gas, is ranked a More

The article attempts to examine the contractual principles governing the Baikon contracts in Iran, which is frequently used by the National Iranian Oil Company, which serves as the Ministry of Oil. Iran, with its significant reserves of oil and natural gas, is ranked as the world's second largest oil producer and exporter, as well as the world's second-largest gas reserves holder in the world, in terms of two highly desirable areas for investment. Investors (foreign) in Iran can mention the development of oil and natural gas, which still requires a drastic investment. Manuscript profile

Open Access Article

9 - Investigating and Evaluation morality of reconsideration of contract in Iranian Law and Shiite Jurisprudence
Pour Andokht Azizi Nejad Ali Almasi tayeb afsharnia

20.1001.1.23833279.1399.11.41.9.8

In spite of the acceptance of the principle of contractual necessity in all legal systems and the need to respect the conflicting provisions of the parties, the impact of social and economic events between the conclusion of the contract and the enforcement of the contra More

In spite of the acceptance of the principle of contractual necessity in all legal systems and the need to respect the conflicting provisions of the parties, the impact of social and economic events between the conclusion of the contract and the enforcement of the contract is undeniable. In principle the freedom of contracts, In the event of unforeseen events and a radical change in the circumstances of the conclusion of the contract, the possibility of termination or revision has been provided to the party experiencing unforeseen difficulties or losses as a modification of the contract. Given that the principle of contract freedom is rooted in ethical principles, Thus, clarifying the ethical principles of contract law will be effective both in negotiating and concluding and enforcing it, and in limiting the principle of free will and sovereignty. The study of institutions such as possession of property, prohibition of abuse of power, prohibition of harm to others, indecency, and other institutions clearly show that their main and major basis are ethical principles and principles. Therefore, in the present study, after expanding the conceptual space of the research topic, we will examine the modification of the contract and its governing principles. The research method is descriptive-analytical and data collection is in libraries. According to the research findings, modification of the contract is a concept that is accepted in both national law and Islamic jurisprudence, Because the principle of contractual freedom permits the parties to the contract to impose any correct condition in the contract, it is possible to modify the contract in Imamieh jurisprudence by resorting to the three jurisprudential principles of " the juristic rule of “negation of harm and difficulty ", " prohibition of detriment " and " the juristic rule of “what is possible " but in Iranian law Modifications to the contract can be accepted on the basis of " occurredlesion theory " and "theory of change of circumstances". Manuscript profile

Open Access Article

10 - Examining contract termination in Iranian law by comparative study with the principles of international trade agreements
Masoumeh Ghadirian Mozafar Bashokouh Alireza Lotfi Dudran

20.1001.1.23833279.1399.11.41.12.1

The upward trend in the internationalization of contracts, especially international business contracts, requires the adoption of laws in harmony with other well-known legal systems. To avoid problems due to differences in the methods and methods used to regulate interna More

The upward trend in the internationalization of contracts, especially international business contracts, requires the adoption of laws in harmony with other well-known legal systems. To avoid problems due to differences in the methods and methods used to regulate international trade, the coordinator internal regulations are imperative with the passage of laws and other regulations. Regarding this issue, the present article deals with the comparative analysis of the guarantees of violations of contractual obligations in Iranian law and the principles of international trade agreements with the aim of explaining the rules governing the guarantee of implementation and its implementation with domestic law. Problems and issues related to the performance of contractual obligations are a series of substantive issues, and the most important part of the contracts is the guarantee, which is described in the Unidroit principles in chapter seven, which is discussed in the treatise. The performance bonus that is presented in most legal systems In case of violation of contractual obligations, they can be resorted to out of three categories. At first sight, it may require the execution of the same contractual obligations from the obligated party. The second one can request alternative compensation from a committed one, which is usually done by paying money and finally, it can cancel the contract, which seeks to examine the distinction and sharing of the guarantees of violations of contractual obligations in Iranian law and the principles of international commercial contracts. According to the research, despite the many similarities between the two, differences it is also seen that they are not so important and can be adjusted by using other institutions in Iranian law. Manuscript profile

Open Access Article

11 - Investigation of Environmental Ethics and Legal in Oil Contracts
مسعود طاهری Masoud alborzivarki Abdollah Kiai

20.1001.1.23833279.1399.11.42.7.8

The deterioration and detrimental consequences of unnecessary exploitation of nature and the environment and the emergence of various pollutants, endanger human life and other creatures on Earth, and the development of comprehensive planning that damages and pollutes th More

The deterioration and detrimental consequences of unnecessary exploitation of nature and the environment and the emergence of various pollutants, endanger human life and other creatures on Earth, and the development of comprehensive planning that damages and pollutes the environment Life has led environmentalists to the theoretical foundations of human interaction with nature, including ethics. The consideration and observance of the principles of environmental ethics that are in line with the ideals of divine ethics and at the same time include economic development and prosperity are more serious than ever in explaining the theory of appropriate environmental ethics, It is one of the necessities of protection and exploitation of the environment. The environment is anything around us that affects us and we can influence them. From Islam's point of view, the most important are: justice in the environment, environmental development, environmental protection and prevention of environmental degradation and pollution, destructive effects of development plans, optimal consumption , Environmental health, the creation of a recycling system, and so on. Given the status of the oil industry in today's world, it should not be left out of control and ignored by human and environmental damage, but should seek solutions. To reduce these damages. Today, refineries emit millions of pollutants into the air, posing a serious threat to human health and the environment. In this article, while considering the ethical and legal principles of the environment, the environmental considerations in oil contracts and the position of Iranian laws and regulations are examined. Manuscript profile

Open Access Article

12 - moral challenge and responsibility of caspian"s oil and gas unilateral usage
Soheil Asgharzadeh Abdul Karim Shahidar

20.1001.1.23833279.1400.11.43.2.9

After the collapse of the Soviet Union, Iran faced with new neighbors in this region; the neighbors who actually had no intention to adhere to their previous country’s commitments and this issue is important in ethic and international rules aspects. However, the exploit More

After the collapse of the Soviet Union, Iran faced with new neighbors in this region; the neighbors who actually had no intention to adhere to their previous country’s commitments and this issue is important in ethic and international rules aspects. However, the exploitation of the seabed and under seabed reserves of the Caspian Sea has been among the unsolved problems yet. Furthermore, no agreement has been made about sharing such resources in the recent convention in Aktau. Despite considering Caspian as a sea or lake, the principles of international law like procedures of the countries and the principles of the international trials and doctrines do not confirm any unilateral use of gas and oil resources of this sea by the countries; on the other hand, the mentioned convention emphasizes the requirement of making a separate agreement about the seabed and under seabed resources of this sea which also suggests the requirement of making a comprehensive agreement among these countries. Nevertheless, what is actually observed is the exploitation of these resources by all countries bordering the Caspian Sea without considering the benefits of the other countries. In this regard, Iran has the most passive position. It is obvious that the countries in the Caspian border shall determine their objectives by applying the principles of international law and new geopolitical changes and make a comprehensive agreement about oil and gas resources. Before considering this significant affair, a comprehensive use of these resources is not allowed based on the international law and will arise international liability that is affected from universal ethics. Manuscript profile

Open Access Article

13 - Consistensy between Contractualism and Rule-Utilitarianism on Parfit and its valuation
Seyed Taghi Agha Miri Seyed Ahmad Fazeli Mohsen Javadi

20.1001.1.23833279.1400.11.43.4.1

Utilitarianism and contractualism throughout its life have enjoyed a variety of readings in new and old societies among utilitarians and contractualists. The ancient utilitarians have different readings of classical and act-utilitarianism, and rule utilitarianism More

Utilitarianism and contractualism throughout its life have enjoyed a variety of readings in new and old societies among utilitarians and contractualists. The ancient utilitarians have different readings of classical and act-utilitarianism, and rule utilitarianism treats the two differently. Parfit utilitarianism is not only different from other forms of utilitarianism, but also distinct from normative utilitarianism, rooted in the principles of general principles based on his rationality, objectivism, and anthropology. He has the same view of contractualism. Parfit says:A)Agreed general moral principles ,B)followed the rational principles that people agree on. Principles must be chosen that can be rationally formulated so that no one can easily dismiss it.This kind of contractualism wants to show, firstly, the existence of moral knowledge and, secondly, the objectivity of moral values and propositions by relying on rationality.Parfit tries to build utilitarianism and contractualism on the maximum of rationality. Manuscript profile

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