Violations and guarantee of technology transfer in the new model of oil contracts (IPC)

Subject Areas : Specialized Quarterly of Judicial Law

moslem abdi ¹ (Ph.D. Student of Private Law, Department of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.)
abas karimi ² (Prof, Department of Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.)
ahmad shams ³ (Assistant Professor, Department of Private Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.)
mohsen mohebi ⁴ (. Assistant Professor, Department of Law, Faculty of Law and Political Science, science and research Branch, Islamic Azad University, Tehran, Iran.)

Received: 2021-12-27 Accepted : 2022-09-02 Published : 2022-07-23

Keywords: Technology Transfer, new iranian oil pattern (IPC), engagement violation,

Abstract :

The transfer of the latest scientific and technological achievements (transfer of new technologies) is one of the most important and indices in the new paradigm of petroleum contracts (IPC). Higher efficiency and higher productivity, which leads to the highest interest and lowest loss in operation, on one hand and the diffusion and localization of technology along with the training of internal forces on the other hand, are important reasons for placing such a commitment in the new paradigm of petroleum contracts. however, the implementation of this obligation will always face various violations by investors (both in scientific and technical dimensions) due to the diversity of transmission methods and the combination of the technologies and the result of investors willingness to import the latest technologies (for more benefit in other contracts). These violations will eventually emerge in three cases: deficient or incomplete implementation, delay in implementation and failure to investigate possible violations in the entry and implementation of this obligation and to guarantee their violation of obligations under the contract; binding commitment, charging fee and termination of contract (which is also applicable in all three claims)as the rule governing the new paradigm of oil contracts. The article has come to the conclusion with descriptive and analytical method and with reference to library that by prolonging the time for claiming damages and creating a suitable deposit, the probability of violation can be reduced to some extent and the set goals can be guaranteed