Iranian Review for UN Studies

Iranian Review for UN Studies

Enforcement of contractual obligations in light of sanctions by third countries and institutions: An assessment of French case law

Document Type : Original Article

Author
PhD Student, Public International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
Abstract
The increase in sanctions during the last two decades has created numerous legal issues in contractual disputes, in particular before national courts. It is clear that the national courts of the sanctioning country, in the process of decision making, take into consideration the sanctions laws imposed by third entities; In case the laws conflict with the rights and obligations of the dispute parties, these courts will set the final judgment in accordance with their internal sanctions laws. Nevertheless, the question is whether, in the process of decision making, the court can take into account the sanctions laws of foreign origin that have been imposed by third countries or institutions to describe, interpret and apply the legal and contractual obligations of the dispute parties. In this article, an attempt is made to examine this legal question with a case analysis of the approach and procedure of the French courts. The findings from the review of the French judicial procedure show that the courts of this country do not ignore the application of the overriding mandatory rules of the law governing the dispute in contract disputes in which there is an element of sanctions of foreign origin; In the French jurisprudence, there are examples in which the court has considered these rules or the sanctions imposed by a foreign country at the level of the substantive law of France.
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