| Abstrakt: |
Oil contracts fulfill common elements without precise, decisive criteria for substantive distinction, making existing titles merely formal and not reflective of any inherent reality. Conversely, the standard of reasonable and conventional profit, as applied in investment agreements—including oil agreements—has a legal foundation as it arises from trade practices prevailing in each business domain. This standard, as an implied term, becomes part of the mutual consent and agreement between contract parties, providing the basis for structuring the fiscal system of oil contracts. With this standard in mind, profit distribution among parties can be determined by integrating and balancing various parameters without assigning a specific title to the contract. This is the essence of a "faceless" framework, shaped and stipulated at the discretion of the employer, within which diverse models can be utilized. It also provides the employer with an advantage in negotiations, removes certain mental obstacles, and bypasses legal limitations. Iranian law includes references to unnamed contracts, suggesting that lawmakers may even value these types of contracts more highly than specific, defined agreements. Passing Iran's petroleum contracts reinforces this perspective. [ABSTRACT FROM AUTHOR] |
