Criteria for determining the Applicable Law if Silence in International Business Contract

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piri Hamidreza; ALMASI NAJADALI

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Journal: JOURNAL OF LAW AND POLITICS Year:2018 | Volume:14 | Issue:35 Page(s): 81-116

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Information Journal Paper

Title

Criteria for determining the Applicable Law if Silence in International Business Contract

Author(s)

piri Hamidreza | ALMASI NAJADALI | Issue Writer Certificate

Keywords

The Regulation (EC) No 593/2008Q1

Article 968 of the Iranian Civil CodeQ1

parties silence about the choice of applicable lawQ1

determining the applicable law in commercial contractsQ2

conflict of lawQ1

Abstract

When the parties have not made an explicit or even implicit choice of law in their contracts, different legal systems have taken into account various criteria for determining the applicable law. However, it seems, these criteria are merely circumstantial evidence and adjudicative bodies and courts in addition to those criteria will also examine more objective and tangible factors that are involved in the contract. In this paper, it is tried to explain the importance and function of these factors in determining the applicable law. Keeping that explanation in mind, this paper will suggest most appropriate and closest factor for determining the applicable law in various circumstances. To this end, relevant rules regarding the choice of law in the Iranian legal system as well as the 1980 Rome Convention on the Law Applicable to Contractual Obligations are discussed by using analytical methods. As a result, it can be concluded that in each case after reviewing the above criteria, it is necessary to make distinction between objective and subjective criteria and to identify of key indicators such as the format of the contract, the place of signing the contract, the place of the implementation of the contract and so on in order to determine the law governing the contract. In conclusion it can be asserted that each of these indicators which has more significant relationship in the contract can be used to determine the applicable law. Obviously, each of these indicators may have different values. Therefore it is not possible to make a general rule and extend it to all forms of contracts without considering all relevant factors and circumstances.

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APA: Copy

piri, Hamidreza, & ALMASI, NAJADALI. (2018). Criteria for determining the Applicable Law if Silence in International Business Contract. JOURNAL OF LAW AND POLITICS, 14(35 ), 81-116. SID. https://sid.ir/paper/127719/en

Vancouver: Copy

piri Hamidreza, ALMASI NAJADALI. Criteria for determining the Applicable Law if Silence in International Business Contract. JOURNAL OF LAW AND POLITICS[Internet]. 2018;14(35 ):81-116. Available from: https://sid.ir/paper/127719/en

IEEE: Copy

Hamidreza piri, and NAJADALI ALMASI, “Criteria for determining the Applicable Law if Silence in International Business Contract,” JOURNAL OF LAW AND POLITICS, vol. 14, no. 35 , pp. 81–116, 2018, [Online]. Available: https://sid.ir/paper/127719/en

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