نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد پژوهشگاه علوم و فنون هستهای
2 دانشجوی دکتری مدیریت قراردادهای بینالمللی نفت و گاز (نویسنده مسئول)
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Nowadays the prevalence and significance of mutual transactions particularly
offset contracts in an international level on the one hand and lack of adequate
familiarity with such transactions in the law of Iran on the other hand have
given rise to the fact that natural and legal persons are deprived of a wide
range of transactions current in international trade. Studying the concept and
various types of offset contracts, the present article deals with their nature and
effects from the perspective of law of Iran and Shiite jurisprudence. According
to these transactions, the customer supplies a product and the vender in turn
promises to provide the material used in that product from the purchasing
party, or generally to buy an amount of goods equivalent to the value of the
sale contract from the first party. As a result, according to the way of relation
of vendor’s obligations to the original contract, offset transactions are divided
into two categories, direct and indirect ones. The novel idea in this research
can be in framing and finding the nature, and effects of one of the most
complex transactions in the field of countertrade lying in the domain of mutual
sale in terms of concepts, rules and principles in Iranian legal system as well as
in Shiite jurisprudence. A variety of ideas can be raised towards determining
the specific nature of offset transactions in Iranian law and the Shiite
jurisprudence. Hiring persons, mixed contracts, private contracts, promised
sale, and the sale of unascertained goods under obligation are the frameworks
subject to investigation in this regard. As to the effects of these transactions,
suspension in transfer of the object of sale, delivery of the purchase money
while concluding the contract, determining a contractual sanction against
failure to fulfill obligations, and sale before due can be raised here. Certain
points are briefly mentioned in the article while their explanations can be
found in a dissertation with the same topic.
کلیدواژهها [English]
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