Justice in Determination of the Law Applicable to Civil Liability in European And Iranian Laws

In essence, the system governing the conflict of laws is a procedural one, and apparently justice in its substantive sense has no place in this system. However, following the evolutions due to “rule-based instrumentalism” in conflict of laws over the past half-century, justice in a substantive law sense has entered this area of private international law and changed the conflict rules from their traditional face which relied solely on the geographical or personal connecting factors. Protecting persons or special legal status’ along with respect for the autonomy of the parties in determining the applicable law in most connecting factors, are some of the characteristics of justice in this sense; an approach that was one of the objectives of Rome II Regulation in European Union Law, it was never achieved. In Iranian Law, apart from the personal autonomy of the parties in determining the applicable law to civil liability, substantive justice has found no place and adhereing to the requirements of conflict justice is still dominant.