Document Type : Original Article

Author

• Rana Gaini

Master of Laws, Public Law, Mofid University of Qom, Qom, Iran

Abstract

Sometimes a private law relationship is related to two or more countries due to the involvement of one or more foreign factors. In such cases, the judge of the court headquarters must determine which of these countries' laws apply to the legal relationship by referring to the conflict of law rules. will rule In fact, the purpose of the competent judge to refer to the conflict resolution rules of the country of the seat of the court is to find the competent law. When, according to the conflict resolution rules of Iran's laws, a foreign law is recognized as particularly competent in a case, the implementation of that competent law in Iran's closed countries may face two basic obstacles. These basic obstacles are public order, fraud against the law. According to the fact that in Iranian law, public order is considered as part of imperative laws, therefore, its relationship with public interests is such that the principle of sovereignty of the will is worthless against it, and Article 975 of the Iranian Civil Code is the basis of the judge's action regarding the implementation of foreign law. is. In some cases, a person frees himself from the constraints of the law by using the correct legal measures. In fact, the purpose of a person to prepare arrangements that allow the implementation of foreign law on him is to escape from the law of his country

Keywords

• Conflict of law rules
• Foreign competent law
• Ppublic order
• Fraud against the law
• Obstacles to the implementation of foreign law

Main Subjects

• Public Rights

OPEN ACCESS

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