نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار گروه حقوق خصوصی دانشکده حقوق و علوم سیاسی دانشگاه تهران
2 دانشکده حقوق و علوم سیاسی دانشگاه تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
This study asks whether reserve-based financing can be aligned with Iran’s legal and contractual petroleum framework. It uses a descriptive-analytical method and a comparative approach. Its principal hypothesis is that, in Iran, owing to the State’s public ownership of hydrocarbon resources, the prohibition on pledging reservoirs as collateral, the limitations arising from service contracts, the risk of sovereign immunity, and foreign exchange constraints, the direct use of the classical reserve-based financing model is, in practice, not feasible. Accordingly, the realistic path lies not in the full reproduction of the conventional model, but in its redesign on the basis of revenue- and receivables-based structures. The article demonstrates that the assignment of contractual receivables as collateral, escrow accounts, payment undertaking certificates, and export prepayment arrangements can constitute the core of an alternative and bankable model within Iran’s legal framework. In the comparative section, through an examination of the experience of Iraq, Mexico, and Brazil, it is further shown that the success of such structures depends less on the financial instrument as such than on the transparency of the security regime, the ability to control cash flows, and the enforceability of obligations against governmental entities.
کلیدواژهها [English]
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