Role-Playing of Conflict Resolution Rule by the Support of Conflict R esolution Methods (Through Using Comparative Law)

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Seyedi Arani Seyed Abbas

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2020 | Volume:6 | Issue:4 (22) Page(s): 27-54

Download Full-Text

Persian Verion

View:

828

Download:

Cites:

Information Journal Paper

Title

Role-Playing of Conflict Resolution Rule by the Support of Conflict R esolution Methods (Through Using Comparative Law)

Author(s)

Seyedi Arani Seyed Abbas | Issue Writer Certificate

Keywords

bilateralismQ1

RecognitionQ2

Selection of the Appropriate LawQ1

Overriding LawQ1

unilateralismQ1

Abstract

The exclusive application of the bilateral method to the Iran private international law entails some issues. In the stage of creating the right, this method determines the foreign law in areas where the jurisdiction of the substantive law of the court is well-established. In addition, this method does not justify the renvoi. The reasoning of the logical analogy of the method and the impossibility to adapt the rule to specific issues is problematic. In the stage of performing the right, the decision of the foreign court according to an unqualified law is not recognized under the rule of conflict resolution in Iran. These issues can be solved through using comparative law and by means of an analytic-descriptive method. In the stage of creating the right, conflict resolution rule must have a role by unilateral method so that applying Overriding Laws and the renvoi can be justifiable. In the stage of performing the right, the combination of unilateral methods and "Recognition" brings the fact that merely a foreign court ruling in conflict with the Overriding Law of is not recognized in order to taking into account of other legal systems' solutions. In this case, the effect of the public order will be increased so that the national interests not to be sacrified in the altar of coordinating solutions.

Cites

No record.

References

No record.

Cite

APA: Copy

Seyedi Arani, Seyed Abbas. (2020). Role-Playing of Conflict Resolution Rule by the Support of Conflict R esolution Methods (Through Using Comparative Law). JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 6(4 (22) ), 27-54. SID. https://sid.ir/paper/262178/en

Vancouver: Copy

Seyedi Arani Seyed Abbas. Role-Playing of Conflict Resolution Rule by the Support of Conflict R esolution Methods (Through Using Comparative Law). JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2020;6(4 (22) ):27-54. Available from: https://sid.ir/paper/262178/en

IEEE: Copy

Seyed Abbas Seyedi Arani, “Role-Playing of Conflict Resolution Rule by the Support of Conflict R esolution Methods (Through Using Comparative Law),” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 6, no. 4 (22) , pp. 27–54, 2020, [Online]. Available: https://sid.ir/paper/262178/en

Related Journal Papers