The Relationship between Conflict of Laws and Conflict of Courts
Journal: International Journal of Nations Research (Vol.4, No. 43)Publication Date: 2019.07.21
Authors : Roghayeh F. Gholami;
Page : 87-102
Keywords : Jurisdiction of Courts; Conflict of Laws; Conflict of Courts; Reduction;
Abstract
This paper aims to investigate the relationship between conflict of laws and conflict of courts. One of the most fundamental parts of private international law is related to the relationship between conflict of laws and conflict of the courts and the regulations present in this field. In this paper, we examine the relationship between conflict of laws and conflicts of courts and related issues and regulations. In domestic law, the jurisdiction of the judge and court is also discussed, which is called intrinsic competence or relative competence, and it is the personal residence that clarifies this competence. In the event of a conflict of laws, it is important that the national court may have jurisdiction, but this competence will not result in the application of national law. The relationship between conflicts of laws and conflicts of courts manifests in a number of ways; the shared aspects of the conflicts of laws and the conflicts of courts, the illumination aspects between the conflict of laws and the conflict of courts, the mutual impact of the conflict of laws and the conflict of courts will be examined. The present study concluded that in the relationship between the conflict of laws and the conflict of courts, solving the problem of the conflict of courts is prior to solving the conflict of laws.
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