Analysis of the possibility of compensation in international trade agreements (A Case study of Iran and France)

Document Type : Original Article

Author

tehran university

Abstract

In Iranian law, as in many oil-rich countries, the privilege of upstream oil and gas operations is monopolized by the government. The purpose of this study is to investigate the elements and effects of civil liability of state oil companies in Iranian and French law. This research is based on the idea of corporate responsibility. This means that civil liability is imposed on the legal personality of companies, not on their pillars such as company managers. It is on this basis that the French Supreme Court, in its judgment of Erica, as well as other arbitral tribunals, in its judgment against state-owned oil companies, condemned the company itself and sought damages from the legal entity. Conviction against state-owned oil companies is the result of their being sued in liability lawsuits, which are either filed against the government of the state-owned oil company or directly against the state-owned oil company. Of course, in cases where the oil insurance company assumes responsibility for the risk, the company is sued by the deputy director of the state oil company.

Keywords

Political Sociology of Iran
Volume 5, Issue 10
December 2022
Pages 266-283

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