Overriding mandatory rules in context of private international law

Articles in Press

Document Type : Original Article

Authors

1 Assistant Professor, Law Department of Imam Sadiq University Girl's Campus, Tehran, Iran.

2 Assistant Professor, Economic Law Department, Law Faculty, Shahid Beheshti University of Tehran, Iran.

10.48300/jlr.2024.437082.2557

Abstract

Overriding Mandatory rule is a new and widely used notion in the legal literature of Iran, however, neither its precise meaning has been explained and distinguished from similar legal notions, nor its scope of application has been defined. Therefore, avoiding mistakes in the use of this fundamental notion and unifying the research literature in this field are the main necessities justifying this research from the theoretical perspective. From the practical perspective, having regard to the fact that Iran has been dealing with the sanctions, understanding this notion and its scope of application could help to protect national interests in international commercial disputes related to the sanctions; with this explanation that the sanctions enacted by third countries are defined as an overriding mandatory rule.
In this research, employing the descriptive-analytical research methodology, a meticulous examination of both library and internet resources relevant to the subject matter was undertaken. The research findings affirmatively demonstrate that “overriding mandatory rules” are substantial rules claiming to be governed in all situations defined under their scope of application, regardless of the governing law and its content; and have significant differences and distinctions with similar notions such as “the rule of conflict of laws”, “mandatory rules”, and “International public policy”. The scope of application of overriding mandatory rules is explicitly defined in the rule itself based on the location, time, and subjective criteria; if it is not, the dispute resolution authority should decide.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 23 April 2024

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