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Application of the Theory of Depecag...

Karimi, Sahar.

Application of the Theory of Depecage to Upstream Oil and Gas Contracts.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Application of the Theory of Depecage to Upstream Oil and Gas Contracts.
作者:	Karimi, Sahar.
出版者:	Ann Arbor : ProQuest Dissertations & Theses, 2018
面頁冊數:	125 p.
附註:	Source: Masters Abstracts International, Volume: 58-01.
Contained By:	Masters Abstracts International58-01(E).
標題:	International law.
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=10984857
ISBN:	9780438376250

Application of the Theory of Depecage to Upstream Oil and Gas Contracts.
Karimi, Sahar.

Application of the Theory of Depecage to Upstream Oil and Gas Contracts. - Ann Arbor : ProQuest Dissertations & Theses, 2018 - 125 p.

Source: Masters Abstracts International, Volume: 58-01.

Thesis (M.A.)--University of Calgary (Canada), 2018.

Determination of the applicable law in upstream oil and gas contracts plays an important role with regards to the parties' rights and liabilities. There are various approaches regarding the choice of applicable law and different theories have been expressed relating to choice-of-law provisions. This research explores one of these theories called Depecage in private international law and conflict of law.

ISBN: 9780438376250Subjects--Topical Terms:

174617
International law.

Application of the Theory of Depecage to Upstream Oil and Gas Contracts.
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520 $a Determination of the applicable law in upstream oil and gas contracts plays an important role with regards to the parties' rights and liabilities. There are various approaches regarding the choice of applicable law and different theories have been expressed relating to choice-of-law provisions. This research explores one of these theories called Depecage in private international law and conflict of law.
520 $a The theory of Depecage is a concept in private international law that refers to the process of cutting a case into individual issues whereby each issue is constrained to a different applicable choice-of-law analysis. In other words, the theory of Depecage is the application of different laws to various legal issues arising from a dispute. The theory was first applied in Tort law and specifically aviation litigation. This research shows that there is an opportunity to gain many advantages by the application of the theory of Depecage in upstream oil and gas contracts. However, adopting this theory ought to be treated with caution due to its disadvantages and the issues it may cause if not applied within a specific framework.
520 $a Therefore, for appropriate application of Depecage, upstream oil and gas contracts must meet certain criteria such as protecting parties' justified expectations, and maintaining parties' interests. Also, this theory should not be applied in cases where it would lead to dissatisfaction of the contracting parties, destruction of legislative intention, or invalidation of a contract.Moreover, the applicable law that has the greatest concern for each issue must be applied to effectuate the purpose of each of the applied rules. In other words, choice-of-law values are significant principles for the application of Depecage. Lastly, judges and arbitrators must provide criteria and legal reasons for the application of Depecage in upstream oil and gas contracts during the dispute resolution process.
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