خلاصة:
In the law of the European Union and the United States, the principle of party autonomy in the formalities of contract conclusion is recognized. In Iran, the law of the place of conclusion, the law of the place of performance, and other laws constitute the law of party autonomy that must govern a private international contract. In this research, while providing an interpretation of Article 968, emphasis is also placed on it. Under American law, essentially, the law chosen by the parties must have an essential relationship or a reasonable connection with the 'amended' contract concluded. According to the Rome I Regulation, the law chosen by the parties must not conflict with the overriding mandatory provisions of the law of the forum, nor with the overriding mandatory provisions of the country where the contractual obligations are performed. In American law as well, the law chosen by the parties must not conflict with the public policy of the forum court or the fundamental principles of a court that has a greater material connection to the state chosen by the parties regarding the specific subject matter. In the legal system of contracts in Iran, the general rule is the performance of the contract at the scheduled time, and any deviation from such a rule, whether through delay or non-performance, has faced harsh reactions from the legislator, which has prompted the legislator to establish enforcement mechanisms to uphold this general rule. Unlike the laws of some countries that have a clear position on this matter, in Iranian legal regulations, the early performance of an obligation, unlike its delay, has not been given significant attention. The will of individuals governs the fate of their pacts, and freedom of will is accepted; however, in legal effects, there is not much analytical precedent or investigation of the subject, but the 'principle' should be studied in jurisprudence, and different views have been presented regarding it. Today, many contracts face implementation problems during the practical stage and become void. These problems are not always caused by force majeure factors; rather, the failure of the obligor to assess future conditions during the conclusion of the contract, the availability of a more profitable transaction, and similar cases provide the grounds for procrastination in performing the obligation and breach of contract.
ملخص الجهاز:
Given the distinction of the employment contract from other contracts - especially from the service lease contract in civil law - this distinction is of particular importance in terms of identifying the legal system governing contractual relations; because the standards of labor law, including regulations related to working conditions (wage, duration of work, leave and holidays, etc.
2- Clarifying the differences in the formalities of employment contracts in Iranian law compared to America from the perspective of the general principles and rules governing contracts.
3- The enforcement mechanism for the non-performance of obligations by the state and private parties in employment contracts in Iranian law is subject to investigation and follow-up.
Zahra Alborzi (2017), in a study titled "Suspension of Employment Contracts and its Legal Effects," reached the following results: An employment contract, as the most important pillar of the worker-employer relationship, determines the obligations and working conditions and also guarantees the rights of the worker, the execution of whose provisions may be temporarily suspended due to various reasons such as leave, illness, detention of the worker, performance of official duties, or temporary closure of work and the workshop.
According to Article 10 Comparative study of the formalities of employment contracts in Iran and America / 4- Examination of the relationship between consent to the contract and the condition in concluding the contract In the conclusion of contracts, the principle of being consensual is of great importance.
(
, 
, 
)
