Enforcement of Foreign Court Judgments in Iran
I am Khalil Asayesh (Iranian lawyer from the Tehran Bar Association with license number 21129). This website has been created with the aim of improving legal knowledge, providing legal advice, and solving issues related to domestic and international law. My specialty is in the field of international companies and contracts, with experience in international arbitration and the enforcement of foreign judgments in Iran and abroad (including Germany, France, Turkey, UAE, and Oman).
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Enforcement of Domestic and Foreign Judgments
If an Iranian court issues a verdict, the Enforcement Unit of the respective court will execute it in due course. However, when a foreign court issues a judgment regarding contractual or financial matters, the question arises: under what conditions can such a judgment be enforced within Iran?
Article 972 of the Iranian Civil Code
“Rulings issued by foreign courts as well as official documents regulated abroad cannot be carried out in Iran unless they have been issued in accordance with Iranian law.”
Article 169 of the Civil Judgment Enforcement Act
This article permits the enforcement of judgments issued by foreign courts in Iran only if certain conditions are met. Otherwise, the enforcement of foreign judgments is not possible.
Expert Opinion: Dr. Karen Rouhani
International jurist Dr. Karen Rouhani emphasizes the need to distinguish between criminal judgments and civil/legal judgments issued by foreign courts.
Criminal Judgments
Criminal sentences issued by foreign courts can only be reviewed under conventions and treaties related to the extradition of criminals and transfer of convicts. Otherwise, their enforcement in Iran is not anticipated.
Civil and Legal Judgments
The primary focus in Iran concerns the enforcement of civil and legal judgments issued by foreign courts. Such judgments may be enforceable under specific legal conditions.
Conditions for Enforcement of Foreign Judgments in Iran
- Reciprocity: The judgment must be from a country where Iranian court rulings are also recognized and enforceable.
- No conflict with public order and good morals: Judgments that contradict Iranian law, religion, or social norms cannot be enforced.
- No violation of international treaties or Iranian special laws.
- Final and enforceable judgment: The decision must be final and binding in the country of origin.
- No contradictory ruling by Iranian courts.
- No exclusive jurisdiction of Iranian courts: If the matter falls under the exclusive jurisdiction of Iranian courts, foreign judgments cannot be enforced.
- No involvement of immovable property located in Iran.
- Approval by competent authority of the issuing country.
Public Order and Good Morals
According to Article 169 of the Civil Judgment Enforcement Act, civil judgments issued by foreign courts cannot be enforced in Iran if they are inconsistent with public order or good morals.
- Public order: The set of essential legal rules that maintain the structure of society. Non-compliance with these rules is considered against public order. The determination lies with the judge.
- Good morals: Social norms and values that collective conscience deems essential to preserve. This concept varies across time and place, and its interpretation depends on custom.
Legal Examples
Article 966 of the Iranian Civil Code states that ownership and possession of movable and immovable property are governed by the law of the country where the property is located. Therefore, any foreign ruling contrary to this principle is against Iran’s public order and unenforceable.
Furthermore, if an Iranian court has already issued a contradictory ruling on the same matter—even if it has not yet been enforced—this prevents enforcement of the foreign judgment in Iran. This principle is also supported under Article 422 of the Iranian Civil Procedure Code.
Conclusion
Enforcement of foreign court judgments in Iran is possible only within the framework of Iranian Civil Code and Civil Judgment Enforcement Act, and under specific conditions such as reciprocity, compatibility with public order and good morals, finality of judgment, and absence of contradictory rulings by Iranian courts.
Source: Support
