Abuse of Right in Private International Law

The general rule of abuse of right has been used in many legal contexts, including contract law and family law. Rules and norms on private international law have been affected by this general rule. Forum shopping in conflict of forums and evasion in conflict of laws are the current issues which confront with the abuse of right. Different legal systems have, however, adopted different approaches by considering historical origins and social structures. In common law tradition, forum shopping rule has been used for declining jurisdiction, whereas civil law system is unfamiliar with this concept. On the other hand, while evasion is, historically, regarded as one of the obstacles to the enforcement of foreign law in civil law regime, public policy and mandatory rules are the only barriers in the enforcement of foreign law in common law. In Iranian law, none of these rules have been formulated and as a result, the adaptation of these concepts with general principle is difficult.