Supremacy of Will in Determining the Competent Court to Hear Civil Liability Claims of the Person in Charge of Road Transport of Goods (Comparative Study in the Legal System of Afghanistan, Iran and the CMR Convention)

Abstract

Considering the role of will in private law, especially in contracts and transactions, some legal systems have also proposed the interference of the parties’ will in determining the competent court to deal with the civil liability claims of the road transport operator. The main question is that, does the will have such a role in the studied systems or not? The primary premise is that in the scope of private law, will has a fundamental role and is even effective in choosing a court. By using the comparative research method, we come to the conclusion that in the studied legal systems, with respect to the public order and imperativeness party of the rules of civil procedure, examples of the manifestations of will can be seen in it. This can be seen implicitly in the legal system of Iran, Afghanistan and the CMR Convention. It is suggested that, as necessary, the scope of will in the proceedings should be expanded like other parts of private law, and the law of civil and commercial procedure in Iran and Afghanistan should be amended in line with the CMR convention and the change in the approach of the countries.

Keywords

• sovereignty of the will
• provision in the contract
• contract of carriage
• mandatory and supplementary nature of the law
• manifestations of the will in the proceedings
• afghanistan
• iran
• cmr convention.