Solve the problem of moving conflict with the rules of conflict of laws in time
Author(s):
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
The issue of competent law in the matter of moving conflict is about the phenomena under discussion that are formed over time or its effects appear gradually. Some of the differences especially, the rule of law in domestic law and the simultaneous jurisdiction of two laws in the international arena have left the rules of time conflict to be hidden from the keen eye of jurists. Stagnation, impairment of the security of legal institutions and disruption of the integrity of a legal system are the results of views that, regardless of the above-mentioned rules, have a view to maintaining the jurisdiction of the previous law in moving conflict. The solution can be provided by descriptive-analytical method and applying the rules of temporal conflict. In fact, there are defining similarities between the concepts because in both cases, the issue is the limits of the rule of law over the subject and its effects. In domestic law, the old law still retains its validity over past events, but the new law is unrivaled in managing future phenomena. The boundary between domestic law is the time of implementation of the new law and in international law is the moment of change of the communication factor. The boundary between domestic law, the time of implementation of the new law, and in private international law is the moment of change of the communication factor. The difference in the possibility of become retroactive is obvious: In conflict with the rules of the time, the single legislature can extend the law to the past, while in a moving conflict, it is not possible for the latter law to have jurisdiction until the moment of change of the communication factor.
Keywords:
Language:
Persian
Published:
Journal of Culmination of Low, Volume:13 Issue: 4, 2023
Pages:
3 to 28
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