Document Type : Original Article
Authors
1
Department of Law, Da. C, Islamic Azad University, Damghan, Iran
2
Department of Law, Da. C, Islamic Azad University, Damghan, Iran.
10.22091/ijicl.2026.15263.1235
Abstract
This study aims to clarify the concept, foundations, and legal consequences of fraud against the law by the parties to litigation in Iranian law through a comparative analysis with private international law and Imami (Ja‘fari) jurisprudence. The main research question is: “How is fraud against the law identified and addressed in Iranian law, and to what extent is this approach consistent with the foundations and mechanisms recognized in private international law and Imami jurisprudence?” The research hypothesis is based on the premise that although Iranian law does not provide an explicit and systematic regulation of fraud against the law, effective mechanisms to confront this phenomenon can be derived from general legal principles, public order considerations, the prohibition of abuse of rights, and the foundations of Imami jurisprudence an approach that is likewise acknowledged in private international law as a means of preventing the misuse of conflict-of-laws rules. The findings of the study, obtained through a descriptive–analytical method and a comparative approach based on library sources, judicial decisions, jurisprudential texts, and legal doctrine, indicate that in private international law, fraud against the law is primarily recognized as an exception to conflict-of-laws rules and as a tool for neutralizing the fraudulent choice of the applicable law. Furthermore, an examination of the foundations of Imami jurisprudence demonstrates that principles such as the prohibition of legal stratagems (ḥīla), the ban on deceptive manipulation of legal rules, the rule of no harm (lā ḍarar), and the principle of fidelity to the objectives of the Lawgiver provide substantial theoretical capacity for identifying and invalidating fraudulent conduct by litigating parties. In addition, the findings reveal that Iranian law, albeit in a fragmented and implicit manner, employs solutions in judicial practice and certain legal institutions that are aligned with Imami jurisprudence and private international law to counter fraud against the law; however, these solutions lack sufficient coherence and transparency. The results suggest that strengthening the linkage between the foundations of Imami jurisprudence and the achievements of private international law can contribute to the development of a coherent framework for addressing fraud against the law in Iranian law.
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