The Scope and Features of Estoppel Rule in Internal Public Law
Journal: International Journal of Nations Research (Vol.4, No. 40)Publication Date: 2019.04.21
Authors : Sattar Mashayekhi Hamid R. Adabi;
Page : 69-88
Keywords : The Estoppel Rule; The Principle of Legitimate Expectations; Internal Public Rights;
Abstract
The Estoppel rule plays an effective role in the realization of justice based on fairness today. The Estoppel rule involves two basic elements of conflict and contradiction in dialogue and party behavior, which is subject to Estoppel, and considering that the basis of this rule is the principle of necessity of good faith, private law considers it as a means to achieve justice and fairness. In fact, the Estoppel rule is the classical and traditional literature used in the early decades of identifying legitimate expectations. This principle, like the Estoppel rule, somehow helps to safeguard the rights of individuals, with the difference that the realm of legitimate expectations is only in the field of public law and the relationship between individuals and the state. The purpose of this study is to introduce the Estoppel rule and its function in the field of public law. The main question to be considered for this study is that what is the scope and characteristics of Estoppel rule in internal public law and is seeking to answer the above question by descriptive-analytic method. Findings of the research show that the Estoppel rule, as one of the fundamental principles of law, has many uses and benefits in international law and domestic law today. One of the main effects of the rule is that it applies governments to behavior and descriptions that are said to be not legally binding, because what governments do is their beliefs and their legal perceptions of one reality and they cannot adopt a position and behavior that is inconsistent with the past, whenever their interests require.
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Last modified: 2019-06-01 17:29:40