Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Examining the compatibility of the dismissal of the contractor in the general conditions of contracts for the preparation and implementation of the oil industry with FIDIC standards

Document Type : research

Authors
Mohsen Seifollahi 1
Akbar Bashiri 2
Reza Sokuti Nasimi 3
1 PhD student, Department of Private Law, Maragheh Branch, Islamic Azad University, Maragheh, Iran.
2 Assistant Professor, Department of Private Law, Maragheh Branch, Islamic Azad University, Maragheh, Iran
3 Professor, Department of Law, Tabriz University, Tabriz, Iran.
10.22034/ejs.2024.452532.1766
Abstract
Background and Aim: With the focus on domestic laws and the lack of resources regarding the nature and basis of the contractor's dismissal from the contract, the purpose of this article is to examine the compatibility of the Contractor's dismissal in the general conditions of the preparation and implementation of contracts of the oil industry with FIDIC regulations.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used to collect materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: The findings showed that the Ministry of Oil, as one of the main branches of the government, has compiled the general conditions of oil and gas, considering its characteristics, expertise and complexities. One of its general conditions is related to the preparation and execution of contracts. The explanation and justification of this sensitive parties to the contract have a difference of opinion to protect their interests and this difference cannot be resolved.
Conclusion: By paying attention to FIDIC rules and regulations, the balance between the employer and the contractor has been well respected. But in the current general situation, the contractor's rights are still ignored. Dismissal of the contractor with the aim of supporting him applies when the inflation in the country is zero. While the current inflation has nothing to do with the dismissal and is completely at the expense of the contractor.
Keywords
employer
contractor
FIDIC
dismissal
termination
Subjects
Strategic Studies of Jurisprudence and Law
Volume 6, Issue 5 - Serial Number 5
Studies of economic jurisprudence
Summer 2024
Pages 123-140