تخلف پیمانکار و ضمانت اجرای آن در شرایط عمومی قرارداد همسان (PC) صنعت نفت

Today, as legal relations among individuals become more complex, new legal needs have arisen for which, jurisprudence must give a form through creating new legal institutions with use of the existing capacities. Based on Article 3, paragraph "b" of Part 6 of the Law on Powers of the Ministry, general and private conditions of the contracts in the field of downstream oil and gas, one of the innovations in the Ministry of Petroleum was compiled by the Deputy of Engineering and Technology of the Ministry of Oil, and the whole subsets of the ministries were then informed for implementation in accordance with Oil Minister’s notification No. 28/1-2045. The Ministry of Petroleum is an exception to the general requirements for the development of planning management, and for this industry, due to the specific conditions, specialization and complexity, the general conditions for oil and gas have been approved. The present study investigates one of the 77 articles of the general conditions of downstream oil industry (PC) contracts regarding the dismissal of the contractor under clause 68. This newly established legal institution has a lot in common with legal institutions in the general rules of contracts. Despite the similarities, in the present study, dismissal is called by the new legal institution, which has its own form and especial effects.