inforcment forign judgment in iran “iranian lawyer

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If one of the courts inside the country issues a verdict on a matter, the Enforcement Unit, which operates in the legal court of the place, will execute the sentence in due course

If one of the courts inside the country issues a verdict on a matter, the enforcement unit, which operates in the legal court of the place, executes the sentence in due course, but if a foreign country’s court issues a verdict or ruling on a matter or financial or contractual matter, what is the duty of the sentence to be carried out within Iran’s borders?

Article 972 of the Civil Code states that “rulings issued by foreign courts as well as official documents regulated in foreign affairs cannot be carried out in Iran unless they have been issued in accordance with Iranian law” in this regard, Article 169 of the Civil Code permits the implementation of sentences issued by foreign courts with 8 conditions and emphasizes that otherwise, it is possible to enforce foreign sentences. International jurist Dr. Karen Rouhani outlines the legal conditions for the implementation of sentences issued by foreign courts inside Iran.

He initially stated that the sentences issued by foreign courts should be distinguished on civil and criminal matters, and stated: Criminal sentences issued by foreign courts can only be reviewed within the limits of conventions and treaties relating to the extradition of criminals and the transfer of convicts, and otherwise, the possibility of implementing criminal sentences issued by foreign courts, within the country, is not anticipated..
Rouhani continued: “Therefore, what has meaning and meaning regarding the implementation of sentences issued by foreign courts is the issue of the implementation of sentences issued by foreign courts in civil and legal matters..

Conditions for the Implementation of Foreign Sentences in Iran

 According to the Civil Sentence Enforcement Act, in order to enforce the sentence issued in foreign courts, the sentence must be enforced in Iran in order to be applicable, adding: Article 169 of this law, civil sentences issued by foreign courts are applicable in Iran if they are eligible unless otherwise specified in the law..
The first legal requirement in this regard is that the sentence must be issued from a country that, according to its own laws or contracts, the rulings issued by the Iranian courts in that country are enforceable or reciprocal in the case of the implementation of the sentences, in fact, if the ruling of a foreign court in Iran is carried out, the ruling of the Iranian court will also be carried out in the country where the court has issued a ruling..

He continued: “The second important condition is that the provisions of the sentence are not contrary to the laws relating to public order or good ethics. In fact, if a matter that is considered religiously or legally or customary, contrary to good ethics or public order, will never have the opportunity to be carried out inside Iran..

Referring to the third and fourth conditions for the implementation of foreign court rulings, Rouhani stated: “Also, the implementation of the sentence should not be against the international agreement that the Iranian government has signed or opposes special laws, and that the sentence in the country that has been issued is definitive and enforceable and has not been valid due to a law..

He continued: “The fifth and sixth condition that civil sentences issued by foreign courts should be carried out in Order to be carried out in Iran is that there is no ruling against the foreign court from the Iranian courts and that the proceedings in accordance with Iranian law are not devoted to the Courts of Iran, in fact, this ruling is subject to the rules of private international law, which if a matter is within the jurisdiction of the Iranian court, the foreign court can never. and if he issues a ruling, he will not be able to enforce it.

  Rouhani said: “The seventh legal condition regarding this issue is that the ruling is not about immovable property located in Iran and its rights, because it is only within the jurisdiction of the court where immovable property occurs and the foreign court is never competent to investigate these matters. Referring to the latest legal requirement for the implementation of foreign sentences in Iran, he said: “Only rulings from foreign courts in Iran will be applicable, which have been ordered to be carried out by the competent authorities of the country issuing the sentence..

Paying attention to the observance of good ethics and public order

Referring to this paragraph of Article 169 of the Civil Sentencing Law, under which civil sentences issued by foreign courts will not be enforceable if they are inconsistent with the laws relating to Iran’s public order and good ethics, he said, “Public order is the observance of the rules and regulations of the order, including the substans and the form in which individuals cannot comply with the contract, to the extent that non-compliance and violation of them are contrary to order.” It is considered public. In this context, it is the recognition of public order and its opposition to the judge.
Rouhani continued: “For example, according to Article 966 of the Civil Code of Iran, the seizure and ownership of movable and immovable property in any country is subject to the law where property occurs, and any ruling that is contrary to this rule is against the public order of Iran..
This jurist also defined good ethics as follows: the set of rules and regulations that social conscience likes to maintain their system and opposing it is considered against public morality and good ethics, of course, good ethics depends on time and place, and in every society and at any time has a special concept that its diagnosis is left to custom..

A similar ruling in domestic courts

 Furthermore, explaining the condition that no ruling against foreign courts has been issued in Iranian courts, he noted, “Merely issuing a ruling contrary to a foreign sentence in Iran before a foreign sentence is issued, even if the executive has not been issued, will prevent the implementation of the foreign sentence. Issuance of such a sentence is not justified even in domestic law, for example, in paragraph 4 of Article 422 of the Civil Procedure Code of Iran, and is one of the restitution cases that ultimately violates one of the rulings..

Source: Support