The Concept and Nature of the Offset Transaction Ebrahim Dianatinasab*

• Main Author: Ebrahim Dianatinasab
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2014-01-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
• Subjects: Offset contracts; Countertrade; Offset agreement; Complex contract
• Online Access: http://jplr.atu.ac.ir/article_566_aa2063300d18b8f104652bde3e19558f.pdf

In the late 1950s, some contracts were invented in the field of armaments sale which later their usages became common in sale of expensive hi-tech items such as satellite, submarine, military and commercial aircrafts. The purpose of the offset contract is to reduce stress and unpleasant economic or political consequences which are originated from macroeconomic costs spent for exporting the expensive items. In these contracts which are known under the title of “offsets”, “industrial partnership”, “industrial compensations”, the shopper -who usually is government - purchases the services and expensive industrial goods provided that series of remedial and reciprocal commitments are conducted by another party. The interaction between the purchase and remedial obligations, makes these formulas complex. In this essay, not only am I going to explain a short story, concepts, status of the offset contract in mutual trade, types of offset contracts, mutual and remedial exporter’s obligations, but also I am going to examine the nature and relation of such contracts under the title of complex contract while having a legal analysis approach.