2. Oturum Soru-Cevap

Sharareh Dastmalchi (Sanglaj International Consultants, Iran): According to the Civil Code of Iran, Iranian are not able to choose foreign law for their contracts. However, as I told in my presentation there are some different interpretations of the Civil Code of Iran and some of the doctrine said that this article is not mandatory and we can interpret this article of Civil Code as an optional choice. Because of this, there is not a certain method of choosing applicable law for a contract but this one is about the Civil Code and civil law of Iran. When it comes to international contracts, with this optional interpretation of the international law, Iranian also able to choose foreign law as well. Establishing companies also choose foreign law as an applicable law. Because one of the parties of the contract is a foreign company and again in this situation, with this optional interpretation of the article of the Civil Code of Iran, these two parties can choose another state law when they find it suitable for their contract. There is not an exact way of acting in this situation and because of this I just concentrated on Iran legal system. Because these ambiguities make foreign companies, foreign investors and also foreigners little bit confused about the way that Iran law face with these problems. These ambiguities and different interpretations in Iran legal system causes users of the Iran legal system to be confused in the way of the act. Most of