نوع مقاله : مقاله پژوهشی
1 استادیار گروه حقوق خصوصی دانشگاه آزاد اسلامی نورآباد ممسنی
2 دانشجوی کارشناسی ارشد حقوق خصوصی دانشگاه آزاد اسلامی نورآباد ممسنی(نویسنده مسئول)
عنوان مقاله [English]
The stability requirement is a specific obligation under which the foreign country cannot alter the terms of the contract by law or by any other means without the consent of the other party, and is also a guarantee and precautionary measure that is set forth in private contracts. Those governments are required to refrain from intervening in changing or terminating the contract. The requirement for stability in investment contracts is primarily designed to counter and reduce political risk. It should be noted that the change in capitalist government policies is called political risk. It should be noted that the conditions of stability in all contracts have a particular role in preventing the host government from enacting laws contrary to the contract and changing the law in force at the time of the contract. Conditions of stability in investment contracts have been devised primarily to counter and reduce political risk. It is also included in long-term contracts, especially in the natural resources sector, in the investment contract. The main question of this study is, on what basis are the conditions of contract stability in American law? The study relies on the assumption that US law governs the authority to terminate administrative contracts. This research is a library-based descriptive-analytical study.