Status of will governance in determination of law governing business documents validity

Abstract

Law governing substantive conditions of business documents issuance is one of important problems facing investigators. Since law governing business contracts and documents is governing out of limits of national law today, value and effect of will governance is of interest to jurisprudents because contract parties are allowed to determine contract effects and terms consensually to the extent to which these effects and terms do not contradict public order and imperative law and, in fact, they can replace law with these agreed terms. In Iranian law, although it is accepted, in principle, that law agreed upon by parties is the same law governing constitutional terms of issuing business documents, some took an opposite perspective since they consider Article 968 of civil law imperative. As issues regarding intent, consent, and capacity are considered as having relation to domestic public order, it seems that acceptance of governance of agreed law over these conditions of business documents issuance is difficult.