About Khalil Asayesh – International Lawyer
Dear user,
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 aims to improve the level of legal information, provide legal advice, and solve problems in 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 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.
Telephone contact and WhatsApp numbers:
- 09124439719 Iran
- 00971521583759 United Arab Emirates (WhatsApp)
“We are not responsible for holidays and non-working hours”
Obstacles to the Implementation of Foreign Judgments in Iranian Courts
Considering that the provisions of the sentence are the responsibility of the judge who issued the order to be executed, this requires the court to comment on the nature of the sentence. If certain circumstances exist (as discussed below), the order may be refused for non-implementation.
1. Principle of Public Order
Whenever the implementation of a foreign court’s sentence damages the public order of the country where enforcement occurs, the sentence cannot be carried out (Farideh Shokri, 2013, pp. 38-39). Some authors disagree because enforcement affects rights rather than creating them. This mild effect of public order is examined under paragraph 2 of Article 169 and Article 972 of the Civil Code of Iran, as well as Article 6 of the Civil Procedure Code.
The concept of public order has been recognized since the 19th century, e.g., French judicial procedures considered public order in cases like foreign divorces before 1884 or proof of illegitimate ancestry before 1912. Article 975 of the Iranian Civil Code, Article 30 of the German Civil Code, and Article 21 of the Italian Civil Code also stipulate public order.
Public order in domestic law: Rules and organizations to protect public interest, family preservation, and proper conduct, where individual will must not violate these rules.
Public order in private international law: Cannot be applied universally to all foreign rules. It is relative and varies by country. Modern legal systems have adapted the concept; e.g., paragraph 5 of Article 1502 of the French Civil Procedure Code mentions international public order.
2. Vote Education Fraud
Another obstacle is fraud in vote education. Domestically, under paragraphs 5 and 6 of Article 426 of the Civil Procedure Code, fraud can lead to restitution if it affected the court order. Internationally, fraud includes voluntary changes in elements to escape applicable law or to exploit a more favorable jurisdiction.
Historically, in 19th century France, Ms. de Bofferman, a French citizen, sought divorce in both France and Germany, raising questions of credibility in international votes.
Worldwide, fraud is generally a valid reason to contest a ruling, but proceedings usually occur in the country where the judgment was issued. Courts enforcing the order typically do not investigate fraud until addressed by the issuing jurisdiction.
3. Rulings on Immovable Property Located in Iran
Claims regarding immovable property—including ownership disputes, harassment, or denial of rights—are dealt with where the property is located (Article 12 of the Civil Procedure Code). Therefore, foreign rulings on property in Iran are generally ineffective. However, modern practice recognizes other forms of property as equally significant.
Contact Information
If you have questions or need legal services regarding foreign judgments, you can reach out via:
- Phone: 09124439719 (Iran)
- WhatsApp: 00971521583759 (UAE)
