The legal Nature of Petroleum Contracts from the National Point of View
Keywords:Private law, public law, petroleum contracts, legal nature, investment
It has become necessary to determine the legal nature of the petroleum investing contract in order to determine the legal system that is governed by and assigning it to a certain system to settle any risen conflict because it has been considered as a dual system regarding the National and international points of view. This kind of contract is related to many international entities and interests. Whereas the legal nature from the National point of view, we have found that the petroleum investing contract in the light of its creation and determination is submitted to the National law rules to add the legitimate feature of belonging it to rules of this law as a regulatory action to determine the authorized power to sign it, the rights with others, powers, specializations and the required procedures to be followed in case of failure to comply. Regarding the constitution of each state, does the administrative power has the freedom to sign the petroleum investing contract without any restriction, or are there constitutional and legal restrictions? This conflict had risen in Jurisprudence about determining the legal nature of the petroleum investing contract from the National point of view. Some of them see it as a private law contract, and others see it as a private nature contract.