papers

As noted elsewhere, TILO's members are not just practice-oriented attorneys. Rather, they have made an extensive contribution to the development of legal scholarship. They have published both nationally and internationally in top ranked journals including but not limited to Florida Journal of International Law, Nordic Journal of Commercial Law, Tehran Univ. Law Journal, etc. in the following pages you may have an access to examples of TILO's member's scholarship.

A Comparative Study of the Battle of the Forms and Its Effects in Contract Formation

Ebrahim Shoarian, Roya Shirin Beigpour
Comparative Law review, Tehran University, Volume 5, Issue2, Summer and Autumn 2014, Pages 431-460.

DOI: 10.22059/JCL.2014.52950

Abstract
Nowadays in commercial contracts, parties communicate with together using standard forms. Both the party's standards forms usually contain a description of the subject-matter, the price, the quantity and the delivery terms. Such a situation is called the Battle of Forms. In such a case some questions are raised. Does the exchange of the conflicting forms create a contract? If so, what are the contract terms Does performance form the contract? If so, what are the contract terms? Some legal systems and international instruments contain solutions for the battle of forms, but in the absence of specific provisions the problem is usually resolved by the general principles on formation of contracts. In this article we examine some important legal systems point of view and then we express the position of international instruments including CISG, UPICC, PECL and DCFR in this regard.

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