The Protective Foundation of Determination of Applicable Law to Product Liability in Rome II Regulations and Iranian Law

Presently، conflict rules have gone beyond inflexible and purposeless physical connection factors and have approached instrumentalism and economic functions. This evolution defined as rule utilitarianism in conflict of laws and determination of applicable law to product liability in Rome II Regulations in this manner. Protection of consumers in this category has been said to be the foundation of the application of the law of the country in which the person who sustained the damage had his or her habitual residence when the damage occurred. But this foundation should not be regarded as the true purpose of this rule because this result would not be achieved unless the person who sustained the damage could choose the applicable law among several national laws that are in connection to his litigation; The freedom to choose the governing law by consumers is appropriate to legal foundations in Iranian law.