Legal analysis of Long-Term LNG Sale and Purchase Agreements in reference to the Iranian Legal System. Issue 4 (July 2018)

• Record Type: Journal Article
• Authors: ganji, Hassan Yahyazadeh; NajafAbadi, Abbas; Saheb, Tayebeh
• Is Part Of: Renewable energy law and policy review. Volume 8:Issue 4(2018)
• Page Start: 28
• Page End: 37
• Publication Date: 2018-07
• Subjects: Renewable energy sources -- Law and legislation -- Periodicals; Renewable energy sources -- Law and legislation; Periodicals; 346.04679
• DOI: 10.4337/relp.2018.04.03
• Languages: English
• ISSNs: 1869-4942

Abstract

Abstract : In addition to the contractual freedom that Iranian legal system regards for parties, Article 189 of Civil Law Code in Iran does not regard LNG SPA enforceable if there are some preconditions. Also, according to section 3 of Article 190 and Articles 214 to 216 and Articles 342, 348, 351 and 214 of Civil Law Code of Iran, it can be said that supply-based contracts would be legal if the quantity, material and the quality and features of the LNG are determined. On the other hand, in depletion-based contracts if LNG is considered as an fungible object, its quality, material and features have to be determined. As a rule, it can be said that the required principles of LNG like being existent, determined, and known have to be considered in pricing as well. Finally, it can be said that the Iranian Civil law Code regards different rights and obligations for different kinds of LNG SPAs (supply and depletion-based contracts).