نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار، گروه حقوق، دانشگاه بوعلیسینا، همدان، ایران
2 کارشناسارشد حقوق خصوصی، دانشگاه بوعلیسینا، همدان، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Increasing development of international communications and disputes from it on the one hand and ineffectiveness of traditional conflict rules on the other hand, have caused a new doctrine called "The law of the country with the closest connection", that is applicable on communication category of property, tort and etc.,. This doctrine implies that any case to be consider independently in the light of its connection factors that makes, courts apply for any case using the inductive method, proportionate and specific rule. It seems that, this doctrine have been accepted in International instruments and domestic laws in various countries. Article 968 of the Civil Code that is devoted to the governing law of the contracts, accepted traditional conflict rule, that according to it, law of contracts will govern on it,. It seems, that this traditional rule con not respond to the requirements of the world trade in the current era and it is essential that legislator revised acceptance this traditional rule about contracts with current developments in the sphere of international conflict rules.
کلیدواژهها [English]
