Document Type : Original Article

Author

Master of Law, Private Law, Sciences and Research University of Ilam, Iran

10.22034/ijashss.2021.271226.1040

Abstract

Traditionally, the issue of "law governing private international contracts" has long been one of the most significant issues of laws conflict and at present, its importance has increased with the development of trade and commerce. The Iranian legislature has also addressed this issue in the second volume of the Civil Code and has laid down Article 968 of this law as a rule regarding transactions, and apparently accepts the theory of "rule of law at the conclusion place" over contractual obligations, in exceptional cases. It also respects the will role of parties in recognizing the governing law. However in recent years, in light of recent developments in international law, legislators and, in some cases, jurisprudence have aligned them with legal doctrine and taken steps to adopt the latter theory. An examination of the French legal system indicates that by acceding to the 1980 Rome Convention, France has accepted the most important rule in Article 1 of the Convention, which is the "freedom of contracting parties to private international law to choose the law governing contractual obligations" and, except in cases the exception mentioned in the following articles of this Convention, this rule has caused a great change in the contract law of this country; However, before that, the judiciary of this country, with emphasis on the principles of free economy and capitalism, has more or less paid attention to this important and valuable rule.

Graphical Abstract

Comparative Study of the Laws Governing Contracts in Conflict of Laws in Iran and France law

Keywords

Main Subjects

[1] A. Ghazi, Constitutional Law and Political Institutions, 1 (1989) 12.
[2] N. A. Almasi, Conflict of Laws, Tehran, University Publishing Center, 3 (1999) 189.
[3] N. A. Almasi, Private International Law, Tehran, Mizan Publishing, 1st Edition 2. (2003) 11.
[4] Louise Ellen Teitz, Journal of International Law and Politics, 45 (2012-2013) 1081.
[5] J. Madani, Private International Law, Tehran. 6 (1999) 175.
[6] F. Khamamizadeh, Variety of Conflict Resolution Rules, Law, International Law, Spring, 21(1997) 163.
[7] G. Siew, H Denise, Singapore Academy of Law Journal, 23(2011) 227.
[8] J. Tabrizi, M. Taghi, Research in the two systems of universal human rights from the perspective of Islam and the West and their application to each other, Tehran, 1 (1991) 19.
[9] M. H. Mardani, Identification and Execution of Judgments of Foreign Courts in Iran, Monthly of the Bar Association, 23 (2011) 22.
[10]  Matthew J. Wilson, Wake Forest Law Review, 46 (2011) 887.
[11] M. Nasiri, Private International Law, Tehran, Ad, 8th edition. 27 (2001) 23.
[12] M. Saljouqi, Private International Law, Volume II-Conflict of Laws and Conflict of Jurisdiction of Courts, 4th Edition, 2 (2007) 19.
[13] S. H. Safaei, Discussions on Private International Law, Tehran, Agah Publishing. 6 (1991) 55.
[14] F. Shokri, Identification and Enforcement of Foreign Judgments in Family Lawsuits, Law Excellence Quarterly, New Volume, 2 (2013) 523.
[15] N. A. Almasi, Journal of the Faculty of Law and Political Science, 25 (1990) 99.
[16] Andrew N. Adler, Michigan Journal of International Law, 19 (1997) 37.
[17] T. M. Yeo, Yearbook of Private International Law, 12 (2010) 493-502.
[18] Anthony Gray, University of New South Wales Law Journal, 31 (2008) 136.
[19] Trevor C. Hartley, International and Comparative Law Quarterly, 45 (1996) 271.
[20] H. Kotz, Duke Journal of Comparative & International Law, 13 (2003) 61.