The effect of forum shopping in the interests of litigants and judicial justice
Publish place: 10th International Conference on Law and Judicial Sciences
Publish Year: 1401
نوع سند: مقاله کنفرانسی
زبان: English
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شناسه ملی سند علمی:
IJCONF10_074
تاریخ نمایه سازی: 3 مرداد 1401
Abstract:
Forum shopping is a term that is a familiar term in the customary law system; But this compound word is a new concept in the codified legal system used to describe fraud in the jurisdiction of the courts. Today, fraud, both in relation to the law and in the selection of the jurisdiction of the forum with the intention of persecuting the plaintiff and gaining benefits; is one of the issues that has raised deep concerns in the private relations of individuals in the international arena. This article introduces the concept of forum shopping in terms of private international law, which is one of the obstacles to the implementation of foreign law in the common law, and since this issue is not regulated in the Iranian legal system and codified law; It leaves an empty room for discussion and, as such, offers solutions to prevent this type of fraud from occurring.
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Authors
Fatollah Rahimi
The faculty board of Islamic Azad University, Tehran, Iran
Sima Hatami
Ph.D. Candidate in Public International law, Islamic Azad University, Tehran, Iran