Sovereignty of the Wills and its Advent in the Rules of Conflict of Laws in the Iranian and Chinese Legal Systems

The growth of commercial transactions between Iran and China has resulted in conclusion of numerous international contracts. From the main concerns of such contracts, the “Governing Law” can be alluded. Furthermore, the mentioned growth has led the nationals of the two countries to reside in the other country. Given, there will be a considerable expectance of different kinds of claim in the fields of tort, family law, etc. Therefore, it is necessary to comparatively study the rules of conflict of laws regarding the foresaid issues in Iranian and Chinese legal systems. Here, the Chinese legal system on the conflict of laws is discussed and its most distinguishing issues are focused in the two legal systems. It can be arisen from this article that china has a perfect legal system with respect to the conflict of laws. Besides, the “Autonomy of the Parties” plays an important role in connection with the conflict of laws in China. Meanwhile, the Iranian legal system is not comprehensive enough to cover all the above matters. Moreover the autonomy of the Parties is not widely been accepted here.