نوع مقاله : پژوهشی (توصیفی- تحلیلی)
1 استادیار، گروه حقوق خصوصی و اقتصادی دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبائی
2 دانشجوی دکتری مدیریت قراردادهای بین المللی نفت و گاز، دانشگاه علامه طباطبائی، تهران
عنوان مقاله [English]
Futures contract are based on relatively complex calculations and economic fluctuations and market behavior, and traders require these contracts to have a clear and explicit mechanism for concluding and enforcing them. In other words, the principles of risk management as one of the basic pillars of the formation and implementation of contracts must be properly explained and systematized. For this purpose, the possibility and capacity of the stock exchange is used as the most efficient field and tool for performing such transactions. Accordingly, the study of the subject and the surroundings of the transaction, taking into account the characteristics of future contracts and the environment of presentation and application from the perspective of risk management, becomes extremely important. The authors conclude that, first, the specific conditions and characteristics of the subject and the surroundings of the transaction in future contracts lead to optimal risk management. Second, in the analysis of the subject and the surroundings of the transaction in future contracts, it is not possible to suffice only with the general rules of civil law and include them in the form of a specific contract. Conversely, not all cases can be referred to Article 10 of the Civil Code .It seems that in order to improve risk management in futures contracts, the amount of liabilities, liabilities and legal nature around the contract against each other and in relation to the stock market, must be properly explained and specified.