منابع مشابه
evasion of law in private international law
it is generally accepted that no one is allowed to abuse his legal rights accorded by a country for evasion from some limitations provided by the same country and several laws and verdicts have considered and confirmed this requirement as a rule. nevertheless there is neither common sense about neither the conditions under which such a rule may be applied nor the reactions to be taken against s...
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the concept of right as one of the fundamental concepts of the law, policy and ethics, has been entered into legal discourse of iranian community. however, right is a contested concept, and any discussion of it requires theorizing. despite offering different views about the nature of right that can be categorized under two theories named will-based theory and utility-based theory, it seems that...
متن کاملA Logical Model of Private International Law
We provide a logical analysis of private international law, the body of law establishing when courts of a country should decide a case (jurisdiction) and what legal system they should apply to this purpose (choice of law). A formal model of the resulting interaction among multiple legal systems is proposed based on modular argumentation. It is argued that the model provided might be useful for ...
متن کاملPrivate Lawyer in Disguise? on the Absence of Private Law and Private International Law in Martti Koskenniemi’s Work
“Human rights are like love,” Koskenniemi suggests, “both necessary and impossible.” An eccentricity? Equations of law and love may seem like the stuff of poets, not legal theorists, let alone practitioners. And yet, Koskenniemi, the leading public international lawyer, finds among legal theorists an unlikely ally in his claim that law and love are interrelated. Ernest Weinrib, perhaps the lead...
متن کاملthe decline of jurisdiction in private international law
the exercise of jurisdiction as a feature of sovereignty application of states has passed from traditional rule of territoriality and has included goods outside of state territory. the expansion of jurisdictional rule that has been justified on the basis of state interests and legitimate benefits of private persons imposed enormous costs on litigant parties and forums. the provision of public b...
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ژورنال
عنوان ژورنال: Indian Journal of Science and Technology
سال: 2015
ISSN: 0974-5645,0974-6846
DOI: 10.17485/ijst/2015/v8i12/69906