Studying the Theorical Foundations of Fraud on Law & Its Effects in Iran’s Private International Law and Imamiyah Jurisprudence
Misuse of right rule is manipulated in many legal issues from adjacent lands relations to law of contracts and family law. Fraud on the law such as intentional change in dependency’s elements and as a specific use of misuse of right’s general theory has been presented as one of the obstacles in impl...
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| Format: | Article |
| Language: | fas |
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University of Qom
2021-06-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
| Subjects: | |
| Online Access: | https://csiw.qom.ac.ir/article_1777_f9b31a8f0ed3fae0ca0a734cfce3cd6c.pdf |
| _version_ | 1797233068873875456 |
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| author | Mohsen Ghadir Hossein kazemi |
| author_facet | Mohsen Ghadir Hossein kazemi |
| author_sort | Mohsen Ghadir |
| collection | DOAJ |
| description | Misuse of right rule is manipulated in many legal issues from adjacent lands relations to law of contracts and family law. Fraud on the law such as intentional change in dependency’s elements and as a specific use of misuse of right’s general theory has been presented as one of the obstacles in implementing foreign law in private international. Using the conflict settlement rule with the aim of escaping from the competent law fraudulently by one of the litigants suffices to create fraud on law in private international law. There are discussions in Islamic jurisprudence under the title of Hial Al-Riba as well that is notably compatible with the concept of fraud on law in western culture in terms of their foundations. Both religious tricks and fraud on law are obstacles in implementation of foreign law in Islamic jurisprudence and Iranian written law that is based on “no harm” rule and “unlawful direction” theory. This article, applying descriptive-analytic method, after examining the foundations of these two concepts, has dealt with their comparison in terms of religious tricks and finally has concluded that in jurisprudential system, religious tricks cannot be accepted unless in explicit cases and by a narrow interpretation. Furthermore, Iranian law has expressly opposed fraud on law that implies the negative view of the legislator toward fraud on law in such a way that from all of them a general rule namely preventing fraud on law rule can be derived. |
| first_indexed | 2024-04-24T16:10:18Z |
| format | Article |
| id | doaj.art-b64582f0fa8e4ce5b1e6826b8e20526a |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:10:18Z |
| publishDate | 2021-06-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-b64582f0fa8e4ce5b1e6826b8e20526a2024-03-31T19:10:52ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212021-06-018221924410.22091/csiw.2021.4443.15801777Studying the Theorical Foundations of Fraud on Law & Its Effects in Iran’s Private International Law and Imamiyah JurisprudenceMohsen Ghadir0Hossein kazemi1Assistant Professor, Department of International Law, Faculty of Law, University of Qom.MA in International Law, Faculty of Law, University of Qom.Misuse of right rule is manipulated in many legal issues from adjacent lands relations to law of contracts and family law. Fraud on the law such as intentional change in dependency’s elements and as a specific use of misuse of right’s general theory has been presented as one of the obstacles in implementing foreign law in private international. Using the conflict settlement rule with the aim of escaping from the competent law fraudulently by one of the litigants suffices to create fraud on law in private international law. There are discussions in Islamic jurisprudence under the title of Hial Al-Riba as well that is notably compatible with the concept of fraud on law in western culture in terms of their foundations. Both religious tricks and fraud on law are obstacles in implementation of foreign law in Islamic jurisprudence and Iranian written law that is based on “no harm” rule and “unlawful direction” theory. This article, applying descriptive-analytic method, after examining the foundations of these two concepts, has dealt with their comparison in terms of religious tricks and finally has concluded that in jurisprudential system, religious tricks cannot be accepted unless in explicit cases and by a narrow interpretation. Furthermore, Iranian law has expressly opposed fraud on law that implies the negative view of the legislator toward fraud on law in such a way that from all of them a general rule namely preventing fraud on law rule can be derived.https://csiw.qom.ac.ir/article_1777_f9b31a8f0ed3fae0ca0a734cfce3cd6c.pdffraud on lawprivate international lawobstacle to implementation of foreign lawcause lawislamic jurisprudence |
| spellingShingle | Mohsen Ghadir Hossein kazemi Studying the Theorical Foundations of Fraud on Law & Its Effects in Iran’s Private International Law and Imamiyah Jurisprudence پژوهش تطبیقی حقوق اسلام و غرب fraud on law private international law obstacle to implementation of foreign law cause law islamic jurisprudence |
| title | Studying the Theorical Foundations of Fraud on Law & Its Effects in Iran’s Private International Law and Imamiyah Jurisprudence |
| title_full | Studying the Theorical Foundations of Fraud on Law & Its Effects in Iran’s Private International Law and Imamiyah Jurisprudence |
| title_fullStr | Studying the Theorical Foundations of Fraud on Law & Its Effects in Iran’s Private International Law and Imamiyah Jurisprudence |
| title_full_unstemmed | Studying the Theorical Foundations of Fraud on Law & Its Effects in Iran’s Private International Law and Imamiyah Jurisprudence |
| title_short | Studying the Theorical Foundations of Fraud on Law & Its Effects in Iran’s Private International Law and Imamiyah Jurisprudence |
| title_sort | studying the theorical foundations of fraud on law its effects in iran s private international law and imamiyah jurisprudence |
| topic | fraud on law private international law obstacle to implementation of foreign law cause law islamic jurisprudence |
| url | https://csiw.qom.ac.ir/article_1777_f9b31a8f0ed3fae0ca0a734cfce3cd6c.pdf |
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