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The condition of immutability in state contracts and manifestations of its breach | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 30, Volume 13, Issue : 2 part 1, September 2023, Pages 905-928 PDF (880.42 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.142760.1063 | ||
| Authors | ||
| بشار رشيد المزوري* 1; حسام محسن البريفكاني2 | ||
| 1جامعة نينوى -كلية القانون | ||
| 2كلية النور الجامعة قسم القانون | ||
| Abstract | ||
| The condition of stability is one of the interests sought by the investor, whether he is a national or a foreigner, because this condition is attached to creating a stable and constant legislative environment for a certain period, as the condition of stability provides advantages and facilities to the contractor, on the basis of which he is satisfied to be in a certain legal position with the state, and he usually sticks The contracting party to include the condition of stability in order to avoid legislative fluctuations that may occur in the law in force at the time of concluding the contract, which the contracting state resorts to achieve its economic goals and keep pace with its interests in various fields, The type of ownership for the public interest and nationalization is the most important risk facing the contractor with the state, especially in long-term contracts, so the contractor is armed with the condition of proof to face changes in the contractual process, to provide the greatest possible protection for his previous goals of obtaining the financial benefits considered at the time of contracting. Is the condition of stability required that the state’s legal system be rigid because it affects its sovereignty, without taking into account economic and political developments and changes in the host state, or can the state adapt its contracts to new circumstances? | ||
| Keywords | ||
| the condition of stability,,; ,،investment contracts,,; ,،foreign investor,,; ,،expropriation,,; ,،nationalization | ||
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