Abuse of Right in Private International Law
The general rule of abuse of right has been used in many legal contexts,including contract law and family law. Rules and norms on private internationallaw have been affected by this general rule. Forum shopping in conflict offorums and evasion in conflict of laws are the current issues which confron...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2015-11-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
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| Online Access: | https://jplr.atu.ac.ir/article_1733_a016038f9d3a7f7a12db0dfe1a8c27c6.pdf |
| Summary: | The general rule of abuse of right has been used in many legal contexts,including contract law and family law. Rules and norms on private internationallaw have been affected by this general rule. Forum shopping in conflict offorums and evasion in conflict of laws are the current issues which confront withthe abuse of right. Different legal systems have, however, adopted differentapproaches by considering historical origins and social structures. In commonlaw tradition, forum shopping rule has been used for declining jurisdiction,whereas civil law system is unfamiliar with this concept. On the other hand,while evasion is, historically, regarded as one of the obstacles to theenforcement of foreign law in civil law regime, public policy and mandatoryrules are the only barriers in the enforcement of foreign law in common law. InIranian law, none of these rules have been formulated and as a result, theadaptation of these concepts with general principle is difficult. |
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| ISSN: | 2345-3583 2476-6232 |