Volume : III, Issue : IX, September - 2014

In the name of God Theory–based law (lex fori) Anglo–Iranian legal system

Dr. Homayoon Mafi, Mehdi Rahmani

Abstract :

Theory–based law by German and French authors (Kahn and Bartyn) was introduced in 1980. This theory was accepted by the British courts. According to this theory, the initial trial of the case in accordance with its domestic law, examines the relationship factors. Original jurisdiction means the jurisdiction of the courts of the place of residence is dealt with in ¬ rights and international law as a principle has been accepted. Headquartered jurisdiction in cases such as those described in relation ¬, ¬ bunch of non–related subject of dispute with one of the association and civil liability also applies in some cases. The procedure, how to reason and how to convey notification to collect the sum and ¬ securities law is consistent with the provisions of the court in these cases, the Hague Convention on jurisdiction of the Court endorsed the headquarters. Relational system of private international law to determine the applicable law provides that the court may judge that ¬ can be divided into two categories: (1) factors related to the contract, and (2) factors related parties. Factors associated with the contract are fulfilled location, location, contract signing and the closest connection. Factors related parties are as follows: residence, place of residence and place of business. This paper examines the question of the jurisdiction of that court ¬ to Where and in what cases the courts are bound to enforce their own domestic law irrespective of foreign law say?

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Article: Download PDF   DOI : 10.36106/ijsr  

Cite This Article:

Dr. Homayoon Mafi, Mehdi Rahmani In the name of God Theory-based law (lex fori) Anglo-Iranian legal system International Journal of Scientific Research, Vol : 3, Issue : 9 September 2014

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