نوع مقاله : مقاله علمی - پژوهشی
عنوان مقاله English
نویسنده English
Sometimes, a person's reputation is harmed by someone in another country, and when the victim files a lawsuit, an international claim arises that requires the determination of jurisdiction. Considering that defamation is an intentional tort, applying a jurisdictional rule that focuses on the defendant’s intent and its effects in a specific place seems beneficial. However, how can such a jurisdictional rule be applied effectively? Has this jurisdictional rule been recognized in Iranian and U.S. law? Using a descriptive-analytical method and library resources, this research examines the approaches of these legal systems and evaluates the application of a jurisdictional rule based on the defendant’s intent and its effects. The findings of this research indicate that U.S. law has established a jurisdictional rule whereby the court has jurisdiction over a defamation claim if the focal point of the harm to the victim's reputation and the defendant’s intentional harmful act is within its territory. However, Iranian law has not recognized such a rule. The analysis reveals that while applying this rule could promote fairness between the parties, its high degree of flexibility may lead to inconsistencies in judicial approaches when exercising jurisdiction.
کلیدواژهها English