PARTY AUTONOMY IN DETERMINATION OF GOVERNING LAW TO CIVIL LIABILITY IN ROME II AND IRANIAN LAW

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ALAMSI NEJAD ALI; MIRHOSEINI MAJID

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Journal: Private Law Year:2011 | Volume:7 | Issue:17 Page(s): 5-28

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Information Journal Paper

Title

PARTY AUTONOMY IN DETERMINATION OF GOVERNING LAW TO CIVIL LIABILITY IN ROME II AND IRANIAN LAW

Author(s)

ALAMSI NEJAD ALI | MIRHOSEINI MAJID | Issue Writer Certificate

Keywords

ROME IIQ2

PARTY AUTONOMYQ1

GOVERNING LAWQ1

CONFLICT LAWQ2

CIVIL LIABILITYQ3

Abstract

Party autonomy and parties freedom in choosing the GOVERNING LAW to non-contractual liabilities, when this litigation has accompanied with international elements, is one of the innovations European law during approval the ROME II regulation which facilitates the simultaneous and balanced access to certainty and flexibility as two conflicting interests, and is accordance with most recent theories about philosophy of civil responsibility. In addition, numerous economic justifications reinforce acceptance of this principle even in pre-event agreements, because of its beneficial impact to efficiency.In Iranian law, this principle can be deduced from some legal basics and rules of jurisprudence in limited conditions, in order to fill the existing vacuum in civil code.

Cites

COMPETENT COURT FOR THE SETTLEMENT OF DISPUTES ARISING FROM NON-CONTRACTUAL OBLIGATIONS IN THE IRANIAN AND EUROPEAN LAW

References

Cite

APA: Copy

ALAMSI, NEJAD ALI, & MIRHOSEINI, MAJID. (2011). PARTY AUTONOMY IN DETERMINATION OF GOVERNING LAW TO CIVIL LIABILITY IN ROME II AND IRANIAN LAW. PRIVATE LAW, 7(17), 5-28. SID. https://sid.ir/paper/206101/en

Vancouver: Copy

ALAMSI NEJAD ALI, MIRHOSEINI MAJID. PARTY AUTONOMY IN DETERMINATION OF GOVERNING LAW TO CIVIL LIABILITY IN ROME II AND IRANIAN LAW. PRIVATE LAW[Internet]. 2011;7(17):5-28. Available from: https://sid.ir/paper/206101/en

IEEE: Copy

NEJAD ALI ALAMSI, and MAJID MIRHOSEINI, “PARTY AUTONOMY IN DETERMINATION OF GOVERNING LAW TO CIVIL LIABILITY IN ROME II AND IRANIAN LAW,” PRIVATE LAW, vol. 7, no. 17, pp. 5–28, 2011, [Online]. Available: https://sid.ir/paper/206101/en

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