Volume 20, Issue 3 (2016)
CLR 2016, 20(3): 1-26 |
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Ebrahimpoor Asanjan A, Ebrahimi D S N, Bagheri M. An Analysis about Indemnity Clauses: Case Study: Oil and Gas Contracts. CLR 2016; 20 (3) :1-26
URL: http://clr.modares.ac.ir/article-20-10742-en.html
URL: http://clr.modares.ac.ir/article-20-10742-en.html
1- Ph.D., Student of Oil and Gas Rights, University of Tehran, Tehran, Iran
2- Ph.D; Assistant Professor, Faculty of Law and Political Sciences; University of Tehran
3- Associate Professor, Private Law, Faculty of Law and Political Sciences, University of Tehran
2- Ph.D; Assistant Professor, Faculty of Law and Political Sciences; University of Tehran
3- Associate Professor, Private Law, Faculty of Law and Political Sciences, University of Tehran
Abstract: (10531 Views)
Indemnity clause due to its importance and being applicable in industrial contracts, in specially oil and gas contracts have a significant role. According to researches, this clause was firstly incorporated in English marine merchant transportation contracts, which has been gradually recognized in England legal system and courts and other countries; legal systems. Because there is no adequate researche about the comparison of indemnity clause features in Common Law and Civil Law, specially Iran law (or Islamic law), it was necessary to study about.
Contractual terms do not always doesn’t explicitly imply an obligation to-the contract party, so there are some terms implying the discharge of-liability from one party and increasing the other party’s liabilities, the clause which is named indemnity clause, has created some disputes about this scope in judicial decisions. Because of this, negotiations on indemnity clause is so time consuming and controversial.
Contractual terms do not always doesn’t explicitly imply an obligation to-the contract party, so there are some terms implying the discharge of-liability from one party and increasing the other party’s liabilities, the clause which is named indemnity clause, has created some disputes about this scope in judicial decisions. Because of this, negotiations on indemnity clause is so time consuming and controversial.
Keywords: Indemnity clause, Limiting Liability, Scope of indemnity, Jererah guaranty, Acquittal of Defects
Received: 2016/06/6 | Accepted: 2016/12/20 | Published: 2017/01/28
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