Thesis:

Comparative comparison of the conflict of laws in violation of contractual obligations in Iranian and English law

Today, contracts are the most important discussion of private law. Violation of contractual obligations may occur due to various factors, such as non-fulfillment of obligations or conflict in understanding the subject of the contract, etc. Since contracts have wide dimensions and in the field of commercial law, most of them are international contracts, in this research we have examined the conflict of laws in the violation of contractual obligations in the laws of Iran and England. The main purpose of this research was to know the different cases of violation of contractual obligations and the rulings related to the conflict of laws in these contracts. The first doubt that is raised in connection with the conflict of laws in the violation of contractual obligations is that the law governing the contract is the same law as agreed upon by the parties, while in many contracts the law agreed upon by the parties is not mentioned, or due to the nature of the contract, the relevant principle cannot be mentioned. He considered the law agreed upon by the parties to be applicable because in some cases this law is in conflict with public interests and national interests. Therefore, it is very important to explain the conflict of laws in violation of contractual obligations in Iranian law. Since the United Kingdom is considered one of the leading countries in the field of obligations and contracts, the explanation of the rulings related to the conflict of laws in the laws of this country can be very helpful in clarifying the gaps and legal deficiencies of Iran's laws. Finally, according to the presented material, it can be said that although the principle of free will is the first word in the selection of the applicable law in contracts in the field of private international law, but in the assumption that the governing law cannot be determined by referring to this principle and the agreement of the parties, the rules contained in The 1980 Convention is the best component for understanding the governing law in breach of contractual obligations because this law is more closely related to the discussion of international trade law and is accepted by many developed countries.

Keywords: Conflict of laws, contract rights, competent court, governing law. Violation of obligations