Legislation necessity in management of conflict of interests

Document Type : Research Paper

Authors

1 Ph.D. Student in Private Law, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran

2 Prof, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran

3 Assistant Prof. , Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran

10.22099/jls.2021.40291.4349

Abstract

Conflict of interest is one of the situations that can lead to corruption. In order to manage these situations and deal with its adverse effects, several strategies have been used in various fields. This study is trying to answer these main questions: does managing conflict of interest situations require independent legislation? And how can the law help manage these situations? The present study is analytical in nature and, by collecting the required information through the library method and examining the experiences of other countries and legal doctrine, has reached the conclusion that situations of conflict of interest have grounds for the emergence of person-centered and structure-oriented. Person-centered contexts are largely similar, with the adoption of general and comprehensive laws that can help control this part of the conflict of interest. On the other hand, the areas of conflict-oriented structure due to the structural differences of each institution with each other, require special attention and the adoption of case-specific laws. Adoption of the bill "How to manage conflicts of interest in performing legal duties and providing public services" can largely cover person-centered issues of conflict of interest. It can almost respond to the need to manage conflict of interest situations in Iran but in specific areas, special attention and the adoption of special laws is necessary.

Keywords

References

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