نوع مقاله : مقاله پژوهشی
نویسنده
مدرس حقوق بین الملل
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
In private international law claims, the judge will establish his competence to deal with the case at first, then، it is necessary that he find the competent law which ruled out on it. To achieve this purpose, he should descript the claims then put it in the corresponding category and achieve to the competent law based on that rule. In applying the conflict rule, judge will meet two categories of conflict laws, two types of conflict are remission and negative conflict. In negative conflict, pending court refer to law of another country and ousting the jurisdiction of the domestic laws. In this article we briefly review several features of negative conflict law in private international law, then we will examine Iran's laws in this area to conceive different position Iranian lawmakers in relation to negative conflict of law.
کلیدواژهها [English]
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