Stability Clause in Foreign Investment Contracts from Administrative Law View
The entry of foreign private individuals into the contract with the Administration is always accompanied by this concern that the Administration by using its instruments of governance, violates the terms of equality of the parties at the time of concluding the contract and will do such acts like the...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2020-09-01
|
| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_12225_38838a3631ebe3084c43b6ba886ced54.pdf |
| Summary: | The entry of foreign private individuals into the contract with the Administration is always accompanied by this concern that the Administration by using its instruments of governance, violates the terms of equality of the parties at the time of concluding the contract and will do such acts like the unilateral change and termination of the contract. To overcome this concern, the types of stabilization clauses in foreign investment contracts are inserted, which seek to preserve the terms of the contract in time of concluding and to prohibit the Administration from changing the terms after the conclusion of the contract. This article by using a descriptive and analytical method seeks to answer the correctness of the inclusion of stabilization clauses in foreign investment contracts in light of administrative rules and principles. Findings show that the inclusion of the conditions of stability in particular types of words, freezing, non-interference and non-compliance with the principle of rule of law, the principle of competence and the principle of equal alignment of public interest and public authority are in contrary with the administrative contracts and the principle of compatibility and non-violation of the stabilization clauses in terms of economic equilibrium with principles governing administrative contracts. |
|---|---|
| ISSN: | 2345-6116 2476-6216 |