The Nature and Scope of Interest Analysis Theory in Determining the Law Governing Civil Liability and Contracts

Subject Areas : Political and International Researches Quarterly

Received: 2020-09-30 Accepted : 2020-09-30 Published : 2020-11-21

Keywords: Public Interest Analysis, Private International Law, Conflict of Laws, Governing Law,

Abstract :

Mohammad Hossein Abadi[1] Marziyeh Afzali Mehr [2]     Abstract: The change has been further emerged in the field of private international law by the willingness of governments to create a unified procedure for establishing the law governing contracts and civil liability. Despite the scope of contracts and civil liability in the international arena, there are still problems in resolving the conflict of laws, especially in the context of breaches in several countries. In fact, traditional conflict resolution rules are based on fixed mechanisms that do not work in laws governing contracts and civil liability because the constituent elements of contracts and civil liability have a variable nature. Thus, it may be possible to compensate for the deficiencies in traditional conflict resolution rules by looking at the theory of (general) interest analysis. This paper examines and explains the applicability of the aforementioned theory in the area of conflict of laws governing civil liability and contracts, following a conflict resolution rule. [1] - PhD Student in Private Law, Karaj Branch, Islamic Azad University, Alborz, Iran, [e-mail] [2]-Assistant Professor, Department of Law, Karaj Branch, Islamic Azad University, Alborz, Iran: Corresponding Author, [e-mail]