A Comparative Study on the Law governing Contractual Obligations through the lens of laws of Iran and Other Countries

Abstract

When disputes caused by an international contract are raised in a national court, the court tries to determine the law governing the related contract. So, it refers to the rules of conflict resolution in its legal system and determines the governing law. Since rules of conflict resolution are not identical in the legal systems, difference in the rules of conflict resolution is created. Now if the parties of an international contract have not selected the governing law, major problems in various legal systems are highlighted. One of the solutions to cope with this problem is to join to the conventions related to international trade. Among them, Convention on the International Sale of Goods (Vienna, 1980), Rome Convention 1980, Rome Convention 2008 can be mentioned. It seems that will sovereignty principle has penetrated in the laws to the extent that even if the parties have not used this right and have not determined the governing laws explicitly or implicitly, the legislator or the judge tries to search for their hypothetical will and jurisdiction of a specific law and usually this search results in the enforcement of law of contract conclusion or contract implementation place which is studied in this paper.