نوع مقاله : مقاله پژوهشی
نویسندگان
گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه فردوسی مشهد، مشهد، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Parallel litigation in international disputes occurs when identical or related cases are filed simultaneously in the courts of two or more countries. According to Article 971 of the 1928 Iranian Civil Code, Iranian courts are obligated not to decline jurisdiction even if the same case has already been filed and is being heard in a foreign court, and they must not relinquish their jurisdiction in favor of foreign courts. Studying the Iranian legislator’s approach to parallel litigation requires a thorough and comprehensive analysis of its various aspects. This study, employing a descriptive-analytical method, explains the definition of parallel litigation, its different types, conditions for occurrence, reasons, as well as its undesirable effects. Subsequently, the current stance of the Iranian legislator regarding parallel litigation is examined in detail. To that end, the paper highlights the consequences of this restrictive approach and the potential negative outcomes in practice, raising the important question of whether the legislator needs to reconsider and amend this approach.
کلیدواژهها [English]
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