قانون حاكم بر شبه عقد در تعارض قوانين

Applicable Law on Quasi-Contracts in the Conflict of Laws

Quasi- Contracts such as "undue payment", "negotiorum gestio" and "unjust enrichment" constitute one part of the "connection group" of "Extra Contractual Obligations" in the conflict of laws where the source of obligation is a voluntary profitable act. The growing importance of this branch of law is due to the expansion of international communications and determining "the proper law" for this connection group is possible by legally analyzing the nature and basis of each obligation. Unlike contractual obligations. these obligations are imposed by law, but their nature is different from delictual obligations so that they are derived from a voluntary profitable act which makes that party obtain unjust benefit at the other partyʹs expense. So it is necessary to ascertain a proper law which has the closest and most substantial connection with the connecting factor.