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Volume 4, Issue 4 (2-2023)
Int. J. Ethics Soc 2023, 4(4): 1-6 |
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Malek Mohammadi S, Ghamami M, Mohseny H. The Role of Ethics in the Development of Arbitration Clauses Towards Third Parties in Iran. Int. J. Ethics Soc 2023; 4 (4) : 1
URL: http://ijethics.com/article-1-234-en.html
URL: http://ijethics.com/article-1-234-en.html
1- Ph.D. Student of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2- Department of Private Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran , mghamami@ut.ac.ir
3- Department of Private Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
2- Department of Private Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran , mghamami@ut.ac.ir
3- Department of Private Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
Abstract: (736 Views)
Introduction: The issue of developing arbitration on persons other than parties to the arbitration is one of the issues that are disputed by legal scholars. In the arbitration agreement, no person, except the parties to the agreement, is bound to arbitration and has no right to invoke it. Prohibiting the extension of the effects of the arbitration agreement to persons outside the contract is accepted, but it should be noted that the persons who sign a contract are not always its real parties. Therefore, the current study was formed with the aim of investigating the role of ethics in the development of arbitration clauses towards third parties in Iran.
Material and Methods: In order to achieve the goal of the research, in addition to legal books in this field, articles related to the research keywords from 2011 to 2021 were examined from the databases of Magiran, Civilica, Sid, and Ensani.
Conclusion: A creditable nature is not limited to external signs such as correspondence or names included in the contract, but it is a creditable fact that may prove that the works of the contract belong to a person who was not present when the contract was concluded and his name has not even been mentioned. The real original theory, which has found a special place in contract law today, is the result of the challenge faced by lawyers in this field. In fact, the ethical basis requires that every person accepts the obligation or action that is related to the rights and obligations of the arbitration parties and does not shy away from responsibility. On the other hand, no one should be held responsible for the obligations of others, and the development of the arbitration clause should not cause losses to third parties. Therefore, the development of the arbitration clause must be done within the bounds of the obligations.
Material and Methods: In order to achieve the goal of the research, in addition to legal books in this field, articles related to the research keywords from 2011 to 2021 were examined from the databases of Magiran, Civilica, Sid, and Ensani.
Conclusion: A creditable nature is not limited to external signs such as correspondence or names included in the contract, but it is a creditable fact that may prove that the works of the contract belong to a person who was not present when the contract was concluded and his name has not even been mentioned. The real original theory, which has found a special place in contract law today, is the result of the challenge faced by lawyers in this field. In fact, the ethical basis requires that every person accepts the obligation or action that is related to the rights and obligations of the arbitration parties and does not shy away from responsibility. On the other hand, no one should be held responsible for the obligations of others, and the development of the arbitration clause should not cause losses to third parties. Therefore, the development of the arbitration clause must be done within the bounds of the obligations.
Article number: 1
Type of Study: Research |
Subject:
Special
Received: 2022/10/25 | Accepted: 2022/11/26 | Published: 2023/02/7
Received: 2022/10/25 | Accepted: 2022/11/26 | Published: 2023/02/7
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