نوع مقاله : پژوهشی
1 عضو هیت علمی دانشگاه خوارزمی تهران
2 کارشناس ارشد حقوق خصوصی دانشگاه خوارزمی تهران
عنوان مقاله [English]
Non-contractual obligations, along with contractual obligations, form a large part of the legal obligations and, in aspect of conflict of laws, constitute a conflict resolution rule. The conflict of laws and the determination of the law governing non-contractual obligation arise when one or more foreign elements interfere. The most recent initiative in European legislation on conflicts of laws in non-contractual obligations was passed in 2007 which is known as the Rome II. In these regulations, law of the place of the damage is accepted as the general rule of law applicable to non-contractual obligations. Therefore, the Iranian judge faces a big problem in determining the applicable law, because Iranian legal system has not any rule in regard to the non-contractual obligations. In this case, some believe in the applicability of the law of the place of the incident. The other view is that, because of the lack of an explicit statute, the applicable law is the law of the court seat. In the Iranian law, we believe that the law of the place of the incident can be accepted as the applicable law. As well as this point, we will consider the regulations of the Rome II, as the first international document related to the non-contractual obligations.