Comparative Analysis of Renvoi in Conflict of Law Systems: The Interpretation of the Article 973 of the Civil Code

The renvoi is one of the most important issues in the conflict of law systems. The renvoi is divided into two categories; remission and transmission. Some systems do not accept and others who accept renvoi are divided into two groups. Some apply both renvoi and others only accept remission. It is certain that the article 973 of Iran`s Civil Code requires courts to apply remission but it is not clear for the courts what to do about the transmission. The interpretation of this article has arisen disputes among the Iranian jurists. The author has arrived this conclusion that in the light of comparative analysis of renvoi in different conflict of law systems, it is appropriate to say that it is up to the Iranian courts to adapt transmission. If the court, in any event, do not apply transmission, it must apply the domestic rules of the lex fori.