نوع مقاله : پژوهشی
استادیار گروه حقوق خصوصی، دانشکدۀ حقوق، دانشگاه شهیدبهشتی، تهران، ایران
عنوان مقاله [English]
As any other legal discipline, conflict of laws follows a predetermined methodology. Two diverging methodologies have been applied in two sides of Atlantic. European countries follow a two-steps method, according to which the interested parties know or can find out ex ante the law applicable to their regal relation. Au contraire, the fashionable American method of governmental interest analysis does not let the parties know the applicable law unless a dispute is brought before the court in this regard. Iranian legislator since the first days of legislation followed the European a priori style. Nevertheless, the 2020 Draft Commercial Code includes an a posteriori provision on lex contractus. This abrupt paradigm shift would entail some problems not only for the contracting parties and judges, but also in connection with conflict of laws methodology itself. This paper takes archive research method in illustrating competing legal systems’ approaches. Then I focus on Draft Commercial Code with a future studies approach to evaluate the paradigm shift and probable problems caused by this Draft.