A Comparative Study of the Effects Governing the Principle of the Relativity of Judicial Decisions in Iranian Law and the Common Law Legal System
Keywords:
Relativity, principle, judicial opinions, third party, Iranian law, common lawAbstract
The principle of the relativity of judicial decisions is one of the important principles in Iranian law and the common law legal system, the effects of which can be examined in areas such as obligations, inheritance, contracts, and civil liability. The purpose of this research is to analyze the effects of this principle in the aforementioned areas and to clarify its applications within the legal systems under consideration. This study was conducted using a descriptive–analytical method and, through library-based sources and comparative analysis between Iranian law and the common law system, examines the effects of the principle of the relativity of judicial decisions. The findings indicate that in Iran this principle is defined primarily within the framework of civil law and civil procedure law, and in matters such as contracts and obligations, emphasis is placed on the effect of judicial decisions being limited solely to the parties to the dispute. In the common law legal system, this principle is also applied more broadly in areas such as civil liability and inheritance; however, greater flexibility is evident in certain specific cases. The principle of the relativity of judicial decisions plays a fundamental role in safeguarding the rights of litigating parties and preventing judicial decisions from affecting third parties. Nevertheless, differences exist in the manner of implementing this principle between the Iranian legal system and the common law system, arising from the legal distinctions between these two systems. It is recommended that, by drawing on the experiences of the common law system, reforms be introduced into Iranian law in order to enhance the efficiency of this principle.
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Copyright (c) 2026 Saman Motaghi Shahri (Author); Saeed Mohseni (Corresponding author); Mehdi Firoozabadian (Author)
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