Implementation of Foreign judgments in Iran’s Legal System

اجرای حکم خارجی

اجرای حکم خارجی

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Identifying and Impeding the Implementation of Foreign Sentences in Iran’s Legal System

Introduction

Today, one of the questionable issues in Iranian legal society is the issue of foreign executive barriers. As we know, in the present era, which is called the era of communication, every day we are faced with the ratification of different conventions and the world is going towards the unity of the legal system. Ease and prosperity of commercial and economic relations requires legal laws and unified regulations. Undoubtedly, one of the most important areas of uniformity of laws is trying to set the same rules for the implementation of foreign laws that comparative studies of legal systems of different countries can play a major role in this regard. Also, in international relations, identification and implementation of foreign rulings in terms of their relationship with public order and good ethics is very important. The world’s legal systems have always set some conditions for identifying and implementing such rulings and have identified its obstacles. . This is because today the national interests of governments are the implementation of maximum foreign rulings, the more foreign executive barriers, the harder it is to cross legal civilization. The issue of barriers to the implementation of foreign rulings in our country has remained so far, and this has sometimes severely damaged the interests of real and sometimes legal persons, and this is if many aspects of our legal rules are the necessary rule.

Questions and assumptions:

The most important question that should be investigated in this area and this research is whether the rulings issued by foreign courts are generally applicable in Iran. And in case of a positive response, what conditions are necessary to make foreign rulings applicable and what conditions are required to prevent the implementation of the foreign ruling. In this regard, we will examine the veracity of the hypothesis that our legal system, such as France, has placed the principle on non-implementation of foreign rulings or that the principle of implementing such rulings is the same as those of the United Kingdom and France.

On the other hand, before the Islamic Revolution, due to the existence of foreign nationals’ traffic and discussions such as catholicization and cooperation agreements, many issues were discussed in the implementation of foreign rulings in Iran. But after the revolution, this was reduced due to the existence of imposed war and economic problems and sanctions. However, the regulations related to the implementation of our country’s foreign decrees, which have been passed in the past system, are not responsive to all the needs of the legal community, and for years, no new amendments or regulations have been made in this regard. This has led to different perceptions of judges and executive bailiffs of civil rulings and the discussion of barriers to the implementation of foreign rulings in the past. No book has been written in the field of identifying the implementation of foreign rulings and its obstacles, and only in some books of international law, the pages are limited to this article. Of course, in the case of identifying and enforcing the rulings of foreign courts in Iranian law, a thesis has been written in the field of international law, the subject and scope of which the research is completely different from the subject and scope of the investigation.

 

Definition of concepts:

Obstacles: Barriers to the summation are prohibited and literally the meaning of abandoning the contract is not concluded and in the term prohibition is preventing the implementation or creating of something or something. Foreign ruling: If we want to consider the concept of the sentence in its general and general sense, we must acknowledge that the sentence can be considered any decision that the courts make in the examination of the claims or otherwise, but when lawyers talk about the court’s ruling, what is most considered is those decisions of the court which are decisive. However, the purpose of the ruling in the discussion of the implementation of foreign rulings in some legal systems is that the foreign ruling is the ruling issued by the judicial authority as the exercise and implementation of its legal duty. However, in order to consider the order issued by a foreign court in Iran, there are two conditions necessary: 1- The law of the headquarters of the court of the place of request for identification and execution of the sentence, the sentence is issued, 2- The law of the court considers the place of issuance of the sentence as well as the decision. so if one of these two conditions is missing , we are faced with a lack of judgment .

Before entering the main discussion to break up the issue, we must differ between the obstacles to the application of foreign law and the obstacles to the application of foreign rulings, and do not confuse these two topics. Of course, this does not mean that the above cases are not related to each other, but if they will come, they are closely related to each other. It is not the legislator who prevents the application of foreign law, but in the case of foreign rulings, the situation is different, it is not the legislator who prevents the application of a foreign sentence, but the judge who, in proportion to the matter, examines the conditions for the implementation of the sentence. Mainly, the obstacles to the application of foreign law are as follows: 1- Amr law: The barrier to the application of foreign law has sometimes been drafted as a legal text. that is , the cases where the legislator has not permitd the application of foreign law are enumerated as legal materials . As we know, the laws are divided into two categories of destruction and destruction in one way or 1. Demolition laws are declared laws that are of no public importance and agreement is not possible, but in the case of the laws, it should be said that these laws themselves are two types: 1- Fundamental rules 2- Non-fundamental rules.this interest and importance is not so intense that foreign nationals cannot agree against it . However, the basic laws are the laws that are very important to the legislator and make them the same as home and in no way allow the identification or implementation of it or its application. Public order: Article 975 of the Civil Code states: “It cannot enforce foreign laws or private contracts or contracts that are contrary to good morals or by hurting the feelings of society or, for other reason, against public order, although the implementation of these laws is essentially permitted.

Public order is closely related to the interests and interests of the public and contains values that can neither be agreed rather than violated. Therefore, the application of foreign law is in no way resilient to public order. The third case: good ethics: good ethics is a special face of public order that has not yet penetrated the laws and guarantees the implementation of only social conscience. The fourth case is law-rigging, which we will discuss in detail in the future.