نوع مقاله : مقاله پژوهشی
1 دانشگاه امام صادق
2 دانشکده اقتصاد، دانشگاه امام صادق(ع)، تهران، ایران
عنوان مقاله [English]
The oil and gas industry needs distinct tools for financing and implementation because of its high capital-intensity and the need for new technologies in various sciences. Upstream contracts in oil and gas are the most important means of attracting investors and contractors in the industry. After introducing concession arrangements, due to its religious and legal impediments, some countries switched to service contracts, and Iran, as an Islamic country, invented and introduced a buy-back contract. At the same time, some other countries, such as Indonesia, have introduced partnership contracts for production. An examination of the oil industry's experience has shown that the efficiency of production partnership contracts has generally been higher than that of service contracts to motivate the contractor, generate higher profits for the host country, and obtain general conditions for companies. In this study, with the aim of reviewing partnership contracts for oil and gas production according to Imamieh jurisprudence, this contract has been analyzed with six important rules of jurisprudence in the contracts, including La Darar rule, Nafye Gharar rule, Ghorur rule, Nafye Sabil rule, Prohibition of Akl al Mal Bil Batil, and Tanjiz rule. The results of this study have shown that the production sharing contracts are not in conflict with the principles of Imamiyyah jurisprudence and there is no jurisprudence in the principle of contracts of production participation.