Conditions for Identifying Foreign Rulings in Iranian Law
I am Khalil Asayesh (Iranian lawyer from the Tehran Bar Association with license number 21129). Thank you for choosing my site to use legal services. This site has been set up with the aim of improving the level of legal information, legal advice, and solving problems of domestic and international law.
My specialty is in the field of international companies and contracts. I have experience in advocacy in international arbitration, as well as experience in enforcing foreign judgments in Iranian courts and courts outside Iran (including Germany, France, Turkey, UAE, and Oman). I am ready to provide you with legal services in this regard.
Contact Information
- 📞 Iran: 09124439719
- 📞 UAE (WhatsApp): 00971521583759
- We are not responsible for holidays and non-working hours.
Legal Basis for Recognition of Foreign Rulings
In order to investigate the conditions for identifying foreign rulings in Iranian law, articles of civil law and civil procedure should be discussed in combination. Article 972 of the Civil Code states: rulings issued from foreign trials as well as official documents regulated abroad cannot be implemented in Iran unless they are issued in accordance with Iranian law. Therefore, in accordance with Article 973 of the Civil Code, the principle is to prevent the implementation of foreign rulings in Iran unless the Iranian court of law issues approval under domestic law.
Implementation of Foreign Rulings in Iran
The implementation of foreign rulings requires Iranian courts to confirm their validity and their lack of conflict with public order. Article 974 further clarifies the principle of non-implementation of foreign rulings, noting that such implementation must not contradict international agreements signed by the Iranian government or conflict with special laws.
Article 169 of the Civil Sentence Enforcement Act
The law on the implementation of civil rulings provides otherwise: Article 169 states that civil rulings issued by foreign courts are applicable in Iran if they meet certain requirements, unless otherwise prescribed by law. The appearance of this article shows that the legislature has placed the principle on implementation, with exceptions noted by the word “unless.” This contrasts with Article 972, which represents public order and does not allow exceptions.
Comparison of Articles 972 and 169
Although jurists differ, both articles effectively require Iranian court approval. Article 972 demands permission from Iranian courts, while Article 169 lists conditions under which such rulings may be implemented. Articles 170 onward reinforce that the request for implementation must be reviewed by Iranian courts before execution.
Conclusion
Iranian law recognizes the possibility of enforcing foreign rulings under certain conditions. However, foreign decrees must pass through Iranian courts for permission before implementation. This framework reflects a balance between respecting foreign rulings and protecting national legal sovereignty.
