A Comparative Analysis of Normative Bases of Clean Hands Doctrine

Document Type : Research Paper

Authors

1 PhD Student in Private Law, Faculty of Law & Political Science, University of Tehran, Tehran, Iran.

2 PhD Student in Private Law, Faculty of Law & Political Science, University of Tehran, Tehran, Iran

3 Assistant Professor, Faculty of Law & Political Science, University of Tehran, Tehran, Iran

10.22034/law.2023.54420.3218

Abstract

In common law legal systems as well as transnational soft laws (such as transnational commercial law, international arbitration law, etc.), this general principle is accepted that the violation of persons in the matter related to the dispute may lead to depriving them of their right to be head in the matter at issue; this principle is called in continental Europe, the principle of prohibition of invoking one's illegal act, and in Common Law, which is the origin of the legal rules related to this principle, it is called the Theory of Clean Hands. Recently has the issue of acceptance of this theory in Iranian law and Islamic jurisprudence has been raised by several authors, various bases have been put forward to justify the theory. In the present article, the authors are trying to analyze the foundations of this theory and explore its basic norms. Some consider the agenda of this principle as the moral norm of necessity of protecting the moral integrity of the courts; Another basis can be put forward for the mentioned theory: the norm "you too". Said moral norm prevents people from complaining and protesting against those who commit a similar or related offense to what the complainants/protesters have already committed.

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 02 October 2023

Files

Share

How to cite

Statistics