Comparative Investigation of Laws Applicable to Civil Liability in Presence of External Factor | ||
| دوفصلنامه علمی دانش حقوق مدنی | ||
| Article 7, Volume 6, Issue 2, March 2018, Pages 77-89 PDF (718.35 K) | ||
| Document Type: Scientific Research | ||
| Authors | ||
| Abbas Niazi,1; Alireza Yazdanian* 2; Mahmoud Jalali3 | ||
| 1PhD Student of Private Law, University of Isfahan | ||
| 2Associate Professor, Faculty, University of Isfahan (Corresponding Author) | ||
| 3Associate Professor, Faculty, University of Isfahan | ||
| Abstract | ||
Iran Civil Law which is responsible for the conflict of law has not considered and discussed non-contractual liabilities, but there is great effort in Comparative Law to define the laws applicable to civil liability. Three major principles and more than ten alternatives originated from these laws can be discussed. The primary criterion began with the lex loci delicti as the jurisdiction law. The next criterion, is the lex loci delicti commissi which is defined by jurisdiction law. In post-modern era, with freedom of choice, the applicable law is determined by any of the parties. The probe to find an applicable law has been progressed in which, sometimes, even distinctions are within the unconstructed obligations, and between «tort» and «quasi contract». A unique solution is also offered for each one. However this process is to select the optimal and does not lead to deletion of the previous rules. This paper aimed to explain the statute law and the doctrine presented in Comparative Low, to select the best applicable law in Iranian law system. A law with closer relations between the parties, and with consideration of justice and fairness. | ||
| Keywords | ||
| Civil liability; applicable law; damage; tort | ||
| References | ||
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