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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, and if there are circumstances that will be examined below, the order will be given to the non-implementation of the sentence, and that the sentence be identified.
The obstaclesto the implementation of the mahavi are: 1- The principle of public order: Whenever the implementation of the sentence issued by the foreign court damages the public order of the country where the execution is carried out, as an indisputable legal rule, such a sentence cannot becarried out. Farideh Shokri, 2013, pp. 38-39. Authors disagree with this interpretation. Because the implementation of the sentence is in the stage of the effect of the right, not the creation of the right, so here the mild effect of public order is examined and explored, and it is in the stage of creating the right that we face severe effect. This condition is also stipulated in paragraph 2 of Article 169 of the Islamic Republic of Iran, Article 972 of the Islamic Republic of Iran and Article 6 of the Civil Procedure Code. The concept of public order has been considered since the 19th century, because it was in this century that the drafting of laws in most European countries intensified the dispute between laws and rights of countries and increased the citation of public order. Since the 19th century, French judicial procedures have taken into consideration public order in cases such as the divorce of foreigners before 1884 and the proof of illegitimate ancestry before 1912, and has refused to enforce foreign law. Article 975 of the Civil Code of Iran, article 30 of the German Civil Code, article 21 of the Italian Civil Code, also stipulates public order. However, the concept of public order varies in domestic law and private international law:
Public order in domestic law: In domestic law, public order includes organizations and rules that are intended to protect the public interest and provide good flow and family preservation, and the will of individuals is not in violation of this. In other words, public order includes the rules of the matter.