Challenges of Convergence and Divergence in Global Private Law: A Comparative Study in the Context of Contracts and Tort Law
Subject Areas : حقوق مدنی
1 - Master of Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran.
Keywords: Legal convergence, Legal divergence, Global private law, Comparative law,
Abstract :
The present article examines the challenges of convergence and divergence in global private law, with a focus on the areas of contracts and civil liability. In the era of globalization, the increase in cross-border interactions and international trade has turned differences in legal, cultural, and economic systems into major challenges on the path to legal convergence. Using comparative methods and qualitative analysis, the differences between "common law" and "civil law" systems in the fields of contracts and civil liability are explored, and solutions for bridging these systems are proposed. Additionally, the role of international organizations such as UNIDROIT and CISG in legal convergence is analyzed. Finally, suggestions for future research on the impact of new technologies and the role of Islamic law and other non-Western legal systems in legal convergence are provided.