Document Type : Scientific Research
Authors
Abstract
Civil Code in Article 971 regarding determination of domestic courts competence for consideration to international claim and also enforceable procedure in these claims includes this rule that lawsuits follow in matters of competency of the courts and laws of procedure the laws of the place where they are instituted. But, Iranian domestic laws have not imposed special rules in regard to nature and international competence cases of courts. A question which posed is what rules are applicable to determine international competence of Iranian courts? What are the creating sources of international competence. In International private claims, the courts judge should act to obtain international competence with the use of domestic competence. What is to be taken into account by the courts in determining judicial competence are the connecting factors between claim and Iranian judicial system. To apply competence there should be connection between claim subject and Iranian court. In this article we have tried to review the sources, bases and international competence rules of Iranian courts with respect to the issue of conflict of laws in private international law.
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