Enforcement of Foreign Judgments in Iran
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I am Khalil Asayesh, an 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 established to enhance legal knowledge, provide legal advice, and resolve domestic and international legal issues.
My specialty lies in international companies and contracts, and I have experience in advocacy in international arbitration as well as enforcing foreign judgments in Iranian courts and courts abroad (including Germany, France, Turkey, UAE, and Oman). I am ready to provide legal services in this regard.
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Recognition and Enforcement of Foreign Civil Judgments in Iran
Previously, foreign court judgments could not be directly enforced in Iran. The conditions for enforcement of foreign judgments were first determined under the Ministry of Justice instructions on 11/12/1975 and later under Articles 169-174 of the Civil Code of 1977.
General Principles
The enforcement of foreign judgments in Iran follows a joint and reciprocal approach between governments, under treaties, agreements, contracts, and mutual transactions. Article 169 of the Civil Judgments Enforcement Act of 1977 codifies this principle.
Recognition of Foreign Judgments
The purpose of recognition is for a domestic court to acknowledge the legal validity of a foreign court judgment. Recognition does not mean direct enforcement but legal acknowledgment of the judgment’s validity.
Difference Between Recognition and Enforcement
Recognition means legal acknowledgment, while enforcement refers to the practical application of the foreign judgment within Iran’s jurisdiction.
Conditions for Enforcing Foreign Civil Judgments
- The judgment must be civil and eligible under Article 169 of Iran’s Civil Code.
- The judgment must be final, enforceable in the issuing country, and not contrary to Iran’s public order or ethics.
- Enforcement must comply with treaties, contracts, or reciprocal agreements between Iran and the foreign country.
- Judgments must have legal recognition in the issuing country according to its laws or reciprocal agreements with Iran.
Examples of International Agreements
Iran has bilateral agreements with several countries, for instance:
- Article 5 of the Residency and Maritime Contract between Iran and France, approved on 8/05/1966, grants equal rights to citizens of both countries regarding enforcement of final civil judgments.
- Legal aid agreements between Iran and Russia, approved by the Iranian Parliament on 10/12/1999, cover civil and criminal case enforcement internationally.
Conclusion
Foreign civil judgments are enforceable in Iran only if the legal and reciprocal conditions are met. Distinguishing recognition from enforcement, respecting national sovereignty, and adherence to international treaties are the key principles in this field.
