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Review Article of the Research Titled"The Commercial Nature of Oil Investment Contracts"by Dr. Tamer Ismail Hussein Published in Al-Nahrain Journal of Legal Sciences, Volume 26, Issue 1, Year The Commentator Researcher | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 53, Volume 15, Issue: 2 part 1, September 2025, Pages 1411-1420 PDF (731.18 K) | ||
| Document Type: Review Paper | ||
| DOI: 10.37651/aujlps.2025.164347.1567 | ||
| Author | ||
| Sarah Sabah Lafta Al-Hindawy* | ||
| College of Law / Al-Nahrain University | ||
| Abstract | ||
| The topic of "The Commercial Nature of Oil Investment Contracts" is considered one of the vital subjects that clearly intersects between branches of public and private law—especially in the absence of an explicit Iraqi legislation that governs the legal nature of such contracts. This underscores the importance of the research conducted by Dr. Thamer Ismail Hussein, as it stands out as a solid academic study that seeks to address a central issue: determining the legal nature of oil investment contracts by posing a fundamental question—Are these contracts administrative in nature, thus falling under public law where the state exercises its authority as a sovereign power? Or are they commercial contracts concluded by the state in its capacity as a regular legal person, thereby subject to the domain of private law and its general rules? The researcher begins the study with the hypothesis that investment activity in the oil sector is not limited to a sovereign dimension, but inherently contains purely commercial elements. This, in turn, necessitates a legal classification that aligns with investment requirements, market rules, and the principles governing a free economy. The analysis relies on several relevant Iraqi laws, notably: the Investment Law No. (13) of 2006, the Private Investment in Crude Oil Refining Law No. (64) of 2007, and the Iraqi Commercial Law No. (30) of 1984, in addition to petroleum law jurisprudence and principles of international commercial arbitration. | ||
| Keywords | ||
| Commercial nature; oil investment contracts; contracts | ||
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