Authorities To Arbitration And Judge In Adminstrative And Oil Contracts In Iran

Mobaraki, Mostafa; EmadZadeh, MohammadKazem; Masoud, Gholam Hussein

doi:10.30497/law.2018.2146

Authorities To Arbitration And Judge In Adminstrative And Oil Contracts In Iran

Document Type : Research Article

Authors

¹ Department of law, Najafabad Branch, Islamic Azad University of Najafabad

² Department of law, University of Isfahan,Iran

³ Assistant professor, Department of law, Islamic Azad University, Najafabad, Iran

10.30497/law.2018.2146

Abstract

The issue of lawsuits arising from administrative and petroleum contracts in courts and courts is one of the most important issues in administrative law. This study aims to study the necessity of a multiplicity of authorities to resolve disputes arising from Iran's administrative and oil contracts, and how justified its justification if this multiplicity is justified? And given the different implications of the content and form of the concept of administrative contracts, and given the contemporary approaches, the content and form of the law, what are the doctrines and propositions based on the inputs of the intermediaries in resolving administrative arbitration disputes? The method of research, based on the purpose, is considered to be a practical application and is based on the nature and method of collecting the data and data by non-experimental descriptive method. Therefore, the statistical society did not have a sample size and a specific sampling method, and was often used in a library environment using a snippet tool. In its attitude, it was a descriptive-analytical method and sought after content analysis. Based on the findings of the research, it was revealed that the participation of executive and legislative authorities in resolving disputes in Iran is a common phenomenon, which can not be legitimized and necessary to prevent the violation of the rights of the parties to the contract with the government, hoped. Many arbitration and prosecution institutes in the context of their plurality and capabilities are proposed, if they are institutionalized by a single specialized judicial authority called the Administrative Justice Court.

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