In recent years, the countries of the world have expanded this principle in personal and family matters; which has led to greater coordination of their legal system and reduced conflicts. The European Union is a pioneer in this field by approving the Rome 3 Convention and the Brussels Regulation. Iranian law has considered the principle of the sovereignty of the will only in contractual matters and has been silent about personal circumstances An important question raised in this article is why should this principle be used in personal situations? What are the conditions for using this principle? What is the scope of the law of choice? In response, we should state the hypothesis that increasing coordination and reducing conflicts between countries will strengthen legal stability and interests of individuals, which is one of the important results of using the principle of sovereignty of will. Individuals are only able to use the laws related to the subject (residence, citizenship and seat of the court) as the competent law. It is possible to use the law agreed by citizens in personal situations as long as it does not conflict with public order, good morals and human rights, otherwise the court should not implement it. Now, it seems that according to the benefits of this principle in personal situations, it is better that the legal system of Iran also uses it under certain conditions.
Almasi, Nejadali. “Private International Law”. Mizan Publisher
Almasi, Nejadali. Mirhoseini, Majid. “The sovereignty of the will in determining the law governing civil liability in the uniform regulations of Rome II and Iranian law”. Private Law 17(2011): (in Persian)
Barikloo, Alireza. “The Scope of Personal Status”. Legal Thoughts 8(2005): (in Persian)
Almasi, Nejadali. Hoseinzade, Mahdi. “The principle of sovereignty of the will and the determination of transnational commercial law as the legal system governing the obligations of electronic commercial documents”. Comparative Law 108(2018): (in Persian)
Almasi, Nejadali. Shabani Kondsari, Hadi. “A comparative study of the limitations of the parties to the contract in choosing the governing law”. International Law 56(2017): (in Persian)
Bigdeli, Ataollah. “The sovereignty of the will in Imami jurisprudence, the Roman-Germanic system and Iranian law; A basic-philosophical income”. Islamic Law Research 41(2015): (in Persian)
Parvin, Farhad. Roudposhti, Azim. “A comparative approach in the laws governing contracts”. Legal Journal of Dadgostari 82(2013): (in Persian)
Tavassoli Naeini, Manouchehr. “Dual citizenship of children and valid law in their personal situation”. Proceeding 85(2011): (in Persian)
Daneshpajouh, Mostafa. “A critical study of regulations related to the conflict of laws in personal situations from the perspective of jurisprudence and law”. Critical research of humanities texts and programs 12(2020): (in Persian)
Shariat Bagheri, Mohammad. “The Sovereignty of the will on private international contracts”. Perspectives of judicial law 58(2012): (in Persian)
Ghaws, Hasan. Naseri Moghadam, Hosein. Mehriz sani, Mohammad. “The transferability of the obligation contract with the emergence of modern citizenship rights”. Jurisprudence and principles 105(2016): (in Persian)
Maghsoudi, Reza. “The position of the rule of will in the law governing divorce in relevant laws and international documents”. Jurisprudence and Family Law 60(2016): (in Persian)
Mehrabi, Mokhtar. “The principle of the rule of will in the field of choosing the law governing the obligations arising from commercial contracts”. Legal Studies 17(2018): (in Persian)
Managhebi, Mohammad Taghi. “Personal status and its scope in jurisprudence, law and legal systems of Islamic countries”. Safire Noor 2(2007): (in Persian)
Nikbakht, Hamidreza. “Conflict of laws in contracts (the law governing contractual obligations and the principle of sovereignty of will)”. International Legal Journal 32(2005): (in Persian)
Nikbakht, Hamidreza. Eyvazpour, Aliasghar. “The principle of sovereignty (freedom) of the will as a rule of conflict resolution in non-contractual obligations (a look at the legal system of the European Union)”. International Legal Journal 44(2011): (in Persian)
Carruthers, Janeen. “Party autonomy in the legal regulation of adult relationships: what place for party choice in private international law?”. International and Comparative Law Quarterly 4(2012): 881-913. (in English)
Fenwick, M. Jurcys, P. “Party Autonomy in International Family Law: A Note from an Economic Perspective”. Kyushu University Legal Research Bulletin (2013): 1-22. (in English)
Haladova, Hana. “Habitual Residence in Brussels II Bis”. COFOLA (2011). (in English)
Torga, Maarja. “Party autonomy of the spouses under the Rome III Regulation in Estonia – can private international law change substantive law? the Dutch journal on Private International Law 4(2012): 547-554. (in English)
Kieninger، Eva Maria. “Freedom of Choice of Law in the Law of Property”. Lancaster University 7(2008): (in English)
Kruger، “Rome III and Parties’ Choice”. 2012.
Walker, Lara. “Party autonomy, inconsistency and the specific characteristics of family law in the EU”. Journal of Private International Law 14(2018): (in English)
Richardson، Garnett، Richard. “Party Autonomy in Choice of Law and Jurisdiction – Trends in Common Law Jurisdictions.pdf، Melbourne Law School, the University of Melbourne(2010). (in English)
Pistis، “Italy: The Rome Convention: Different Approaches” (2018). (in English)
Ogunranti, Akinwum olawuyi. “The Scope of Party Autonomy in International Commercial Contracts: A New Dawn?”. Master thesis of Laws at Dalhousie University Halifax, Nova Scotia, Available at: http://cutt.us/vjgce,last visited:2021, August 15. (2017). (in English)
Kleingeld, Pauline. “The Principle of Autonomy in Kant’s Moral Theory: Its Rise and Fall”. Kant on Persons and Agency, Cambridge University Press (2018). (in English)
Wautelet، “Party autonomy in international family relationships: a research agenda”. Maastricht University(2013). (in English)
Babolhekami,M. and Parvin,F. (2024). Feasibility of the authority of will in the rights governing the personal status. Journal of Legal Research, 23(58), 459-484. doi: 10.48300/jlr.2023.375517.2227
MLA
Babolhekami,M. , and Parvin,F. . "Feasibility of the authority of will in the rights governing the personal status", Journal of Legal Research, 23, 58, 2024, 459-484. doi: 10.48300/jlr.2023.375517.2227
HARVARD
Babolhekami M., Parvin F. (2024). 'Feasibility of the authority of will in the rights governing the personal status', Journal of Legal Research, 23(58), pp. 459-484. doi: 10.48300/jlr.2023.375517.2227
CHICAGO
M. Babolhekami and F. Parvin, "Feasibility of the authority of will in the rights governing the personal status," Journal of Legal Research, 23 58 (2024): 459-484, doi: 10.48300/jlr.2023.375517.2227
VANCOUVER
Babolhekami M., Parvin F. Feasibility of the authority of will in the rights governing the personal status. Journal of Legal Research, 2024; 23(58): 459-484. doi: 10.48300/jlr.2023.375517.2227
