The absolute or binding acceptance of the principle of willpower in international business contracts With an attitude to Rome Regulation and American law

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Khanlari Bahnamiri Hosein

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Journal: Comparative Law Researches Year:2019 | Volume:23 | Issue:3 (105) Page(s): 95-126

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Title

The absolute or binding acceptance of the principle of willpower in international business contracts With an attitude to Rome Regulation and American law

Author(s)

Khanlari Bahnamiri Hosein | Issue Writer Certificate

Keywords

Principle of Sovereignty of WillQ2

Rule of LawQ1

Hypothetical WillQ1

Public orderQ1

DepecageQ1

Abstract

In domestic law, the influence of the will of the parties in the conclusion of the contract is subject to the non-opposition of this will to the customary rules of the rights of that country. But in the international arena, which may have parties to different nationalities or, a foreign element may be involved in a contract, one of the issues that arises is the degree of influence of the will of the parties in the choice of law and Obstacles to the enforcement of this law are selective, in the Rome Rule one, "In addition to recognizing the principle of degradability or the Depecage the Principle of Sovereignty of Will, in absolute terms, but in American law, the Principle of Sovereignty of Will, with due observance of a fundamental or rational condition, is conditionally admissible. In recent years, with the change in the American legal system's approach, the Principle of Sovereignty of Will has been abandoned and is fully recognized in international treaties. Of course, in spite of the absolute acceptance of the principle of the will of will, the law may not be enforced because of the opposition to the general order and the rules of the country's home court.

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APA: Copy

Khanlari Bahnamiri, Hosein. (2019). The absolute or binding acceptance of the principle of willpower in international business contracts With an attitude to Rome Regulation and American law. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 23(3 (105) ), 95-126. SID. https://sid.ir/paper/367567/en

Vancouver: Copy

Khanlari Bahnamiri Hosein. The absolute or binding acceptance of the principle of willpower in international business contracts With an attitude to Rome Regulation and American law. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2019;23(3 (105) ):95-126. Available from: https://sid.ir/paper/367567/en

IEEE: Copy

Hosein Khanlari Bahnamiri, “The absolute or binding acceptance of the principle of willpower in international business contracts With an attitude to Rome Regulation and American law,” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 23, no. 3 (105) , pp. 95–126, 2019, [Online]. Available: https://sid.ir/paper/367567/en

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