Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Jurisprudential analysis of payment methods insteadt and price in oil contracts with a closer look at imam Khomeini ideas.

Document Type : research

Authors
1 Ph.D. student of Jurisprudence and Fundamentals of Imam Khomeini's Laws and Thoughts, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
3 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2023.389772.1401
Abstract
Background and Aim: Examining and comparing the methods of paying the price of new and emerging oil contracts with the special jurisprudence of Imam Khomeini.
Materials and Methods: This research was of a theoretical type، the research method is descriptive and analytical، and the method of collecting information is in forms، and it was done by referring to the library، books and articles.
Findings: In all stages of writing the present research، while respecting the originality of the texts، honesty and trustworthiness have been observed.
Ethical Considerations: The methods of payment in the oil refining industry are based on the type of multiple contracts، which are named according to the same method of payment of the mentioned contract، such as buy-back-swap-BOT-joint venture، service-only contracts and oil predecessors. From the point of view of jurisprudence، the mentioned methods are defensible. The legal conditions of all types of jurisprudential contracts، such as lease، lease، mudarabah sales، partnership agreement، istissa and promissory note have the ability to be defended.
Conclusion: extracting oil from the depths of the earth and spending exorbitant costs، and of course، jurists' familiarity with this new industry does not even reach a century، according to jurisprudential evidence، the validity of these oil contracts and emerging contracts in the oil industry can be confirmed in the framework of indefinite contracts regarding the diseases of jurisprudence in general، especially from Imam Khomeini's point of view. can be prescribed.
Keywords
Subjects

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