Conflict of Laws in Civil Liability Caused by Unfair Competition in French Law, Regulation «Rome II» and Iranian Law

Document Type : Research Paper

Author

Assistant Professor of Shahrekord State University

10.22099/jls.2023.45222.4855

Abstract

Determining the law that governs non-contractual responsibilities is one of the complex issues of conflicting laws and disputes among jurists. The main reason for this can be seen as the lack of consensus on the effective connecting factor in the legal events that gives rise to this liability. One such issue is finding the law governing liability resulting from unfair competition. In French law, if the legislator has established rules of conflict for certain Communication category, it is silent in the field of non-contractual responsibilities. However, the legal procedure lifted this silence and this deficiency. In the Regulation «Rome II», the law governing civil liability resulting from unfair competition is set out in Article 6. But in Iranian law, there is no judicial procedure and legal article specific to this issue, and It is difficult to deduce the ruling of the subject from Article 5 and the unity of criteria of Article 968 of the Civil Code. In this research, the evolution of French jurisprudence from the 20th century about the subject, then the Regulation «Rome II», and finally Iranian law and finally the conflict resolution mode we introduce primary and secondary as appropriate method in this conflict of laws.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 01 July 2024

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