Examining the Principle of Autonomy of Will in Oil Contracts: Legal Challenges and Limitations in Domestic and International Legal Systems

The principle of autonomy of will, as one of the fundamental principles of contract law, emphasizes the freedom of parties in determining contractual terms and obligations. This principle is widely accepted in commercial contracts; however, in oil contracts, due to the strategic nature of hydrocarbon resources and the prominent role of governments in this industry, it faces multiple limitations and challenges. This research seeks to examine the legal challenges related to the principle of autonomy of will in oil contracts and to analyze the conflict between governmental sovereignty requirements and contractual freedom of the parties. Findings indicate that in many countries, the principle of autonomy of will is not fully implemented, as governments impose contractual restrictions through regulatory policies, domestic laws, and environmental requirements. However, some countries, such as the United States and Norway, grant greater freedom in this regard and utilize production-sharing models and concession contracts to balance the interests of the government and oil companies. This study emphasizes the necessity of balancing sovereignty requirements and contractual freedom and offers recommendations for reforming legal framework

کلیدواژه ها:

Autonomy of Will ، Oil Contracts ، Contract Law ، International Law ، Government Supervision