Party autonomy in determination of governing law to civil liability in Rome II and Iranian law

Party autonomy and parties freedom in choosing the governing law to non-contractual liabilities, when this litigation has accompanied with international elements, is one of the innovations European law during approval the Rome II regulationwhich facilitates the simultaneous and balanced access to certainty and flexibility as two conflicting interests, and is accordance withmost recent theoriesabout philosophy ofcivil responsibility. In addition, numerous economic justifications reinforce acceptance of this principle even in pre-event agreements, because of its beneficial impact to efficiency. In Iranian law, this principle can be deduced from some legal basics and rules of jurisprudence in limited conditions, in order to fill the existing vacuum in civil code.