English to Persian (Farsi) Law/Patents Law: Contract(s)

Applicable law

GHANIPOUR Zahra believes that Iranian law should be applied.

Since the marriage between the parties was concluded on 09.07.1989 and therefore before the entry into force of Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the areas of jurisdiction, applicable law and recognition and enforcement of decisions in the field of matrimonial property regimes, should be reverted to the IPR Code.

The parties have not made a choice of law.

The law applicable to matrimonial property determines the law applicable to the dissolution and liquidation of the matrimonial property regime, as well as the rules for division. The law applicable to the divorce is not decisive in this regard. (art. 53 IPR code)

The parties have not made a choice of law so that application must be made of art. 51 IPR code. First of all, the law is determined by the country where both spouses established their first habitual residence after their marriage. Subsidiary, the country of both their nationalities. In other cases, by the law of the state on whose territory the marriage took place.