چكيده به لاتين
Abstract:
According to the laws of Iran including Oil Nationalization law passed in 1330 and the Oil law passed in 1353, Iran’s sovereignty on oil resources was identified as an inviolable principle. Article 3 of Oil law provides that “Oil resources and Iran’s oil Industry is national and the exercise of the right of sovereignty of Iranian people to Iran’s oil resources in the field of development, production and distribution, of oil is exclusively the responsibility of National Iranian Oil Company all around the country and continental shelf which will act on that directly or by its agents and contractors.”As the principle of Iranian nation’s sovereignty on oil resources is incompatible with the assignment of any right to the foreigners, and in addition, as Iranian nation have no good memories of assigning rights to foreigners without observing national interests and merely based on the discretion of the rulers of that time in the past, so according to the Basic Rules of Islamic Republic of Iran, assigning any facility to the foreigners either in the form of privilege, participation in production or taking part in any investment, either before or after winning of Islamic Republic(of Iran)in was expressly banned. Article 81 of the Basic Rules of Islamic Republic of Iran in this regard provides that “assigning privilege to the foreigners for establishing companies and organizations in the commercial and industrial and agricultural and mining and services is banned”. In this research, we analyzed the buy back contracts for the discovery and development of oil and gas fields in Iran. Based on the results, consideration of the constitutional requirements in the formulation of mutual sales contracts is of high priority.
Keywords: buy, buy back , Contract, Oil and Gas, Analytical Hierarchy Process(AHP),
