COMPETENT COURT FOR THE SETTLEMENT OF DISPUTES ARISING FROM NON-CONTRACTUAL OBLIGATIONS IN THE IRANIAN AND EUROPEAN 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.

MAFI HOMAYOUN; HOSSEINI MOGHADAM SEYYED HASSAN

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

Journal Paper

Paper Information

Journal: COMPARATIVE LAW REVIEW Year:2017 | Volume:8 | Issue:1 Page(s): 48-51

Download Full-Text

Persian Verion

View:

2,630

Download:

2,402

Cites:

Information Journal Paper

Title

COMPETENT COURT FOR THE SETTLEMENT OF DISPUTES ARISING FROM NON-CONTRACTUAL OBLIGATIONS IN THE IRANIAN AND EUROPEAN LAW

Author(s)

MAFI HOMAYOUN | HOSSEINI MOGHADAM SEYYED HASSAN | Issue Writer Certificate

Keywords

COMPETENT COURTQ1

NON-CONTRACTUAL OBLIGATIONSQ2

IRANIAN LAWQ2

EUROPEAN UNIONQ1

Abstract

In NON-CONTRACTUAL OBLIGATIONS, it is doubtful whether or not an Iranian court which is located at the plaintiff’s domicile is competent to proceed with the defendant having no domicile, residence or immovable property in Iran. In particular, this is the case when the event has not been occurred in Iran. In the EUROPEAN UNION, upon enacting a regulation referred to as Rome II, the applicable law to NON-CONTRACTUAL OBLIGATIONS has been specified. However this regulation is silent on the determination of the COMPETENT COURT. The Brussels I Convention, along with the jurisdiction of defendant’s domicile venue, considers the following venues eligible: the accident venue, the insurer’s domicile venue and the consumer’s domicile venue. In the IRANIAN LAW, the question arises as to whether in cases that the defendant has no domicile, residence and/or immovable property, the court of the plaintiff’s domicile will be competent to consider the case or the court of the place of occurring loss and/ or the court of the place of accident will also be competent. This article reviews the criteria for determining the COMPETENT COURT from the perspective of private international law relating to NON-CONTRACTUAL OBLIGATIONS in the Iranian and European law. Finally, we discuss the ineffectiveness of Article 11 of the Civil Procedure Code and Article 971 of the Civil Code in addressing the cases related to the recent question.

Cites

No record.

References

Cite

APA: Copy

MAFI, HOMAYOUN, & HOSSEINI MOGHADAM, SEYYED HASSAN. (2017). COMPETENT COURT FOR THE SETTLEMENT OF DISPUTES ARISING FROM NON-CONTRACTUAL OBLIGATIONS IN THE IRANIAN AND EUROPEAN LAW. COMPARATIVE LAW REVIEW, 8(1), 48-51. SID. https://sid.ir/paper/356295/en

Vancouver: Copy

MAFI HOMAYOUN, HOSSEINI MOGHADAM SEYYED HASSAN. COMPETENT COURT FOR THE SETTLEMENT OF DISPUTES ARISING FROM NON-CONTRACTUAL OBLIGATIONS IN THE IRANIAN AND EUROPEAN LAW. COMPARATIVE LAW REVIEW[Internet]. 2017;8(1):48-51. Available from: https://sid.ir/paper/356295/en

IEEE: Copy

HOMAYOUN MAFI, and SEYYED HASSAN HOSSEINI MOGHADAM, “COMPETENT COURT FOR THE SETTLEMENT OF DISPUTES ARISING FROM NON-CONTRACTUAL OBLIGATIONS IN THE IRANIAN AND EUROPEAN LAW,” COMPARATIVE LAW REVIEW, vol. 8, no. 1, pp. 48–51, 2017, [Online]. Available: https://sid.ir/paper/356295/en

Related Journal Papers