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If one of the courts inside the country issues a verdict on a matter, the Enforcement Unit, which operates in the legal court of the place, will execute the sentence in due course
If one of the courts inside the country issues a verdict on a matter, the enforcement unit, which operates in the legal court of the place, executes the sentence in due course, but if a foreign country’s court issues a verdict or ruling on a matter or financial or contractual matter, what is the duty of the sentence to be carried out within Iran’s borders?
Rouhani said: “The seventh legal condition regarding this issue is that the ruling is not about immovable property located in Iran and its rights, because it is only within the jurisdiction of the court where immovable property occurs and the foreign court is never competent to investigate these matters. Referring to the latest legal requirement for the implementation of foreign sentences in Iran, he said: “Only rulings from foreign courts in Iran will be applicable, which have been ordered to be carried out by the competent authorities of the country issuing the sentence..
Referring to this paragraph of Article 169 of the Civil Sentencing Law, under which civil sentences issued by foreign courts will not be enforceable if they are inconsistent with the laws relating to Iran’s public order and good ethics, he said, “Public order is the observance of the rules and regulations of the order, including the substans and the form in which individuals cannot comply with the contract, to the extent that non-compliance and violation of them are contrary to order.” It is considered public. In this context, it is the recognition of public order and its opposition to the judge. Rouhani continued: “For example, according to Article 966 of the Civil Code of Iran, the seizure and ownership of movable and immovable property in any country is subject to the law where property occurs, and any ruling that is contrary to this rule is against the public order of Iran.. This jurist also defined good ethics as follows: the set of rules and regulations that social conscience likes to maintain their system and opposing it is considered against public morality and good ethics, of course, good ethics depends on time and place, and in every society and at any time has a special concept that its diagnosis is left to custom..
A similar ruling in domestic courts
Furthermore, explaining the condition that no ruling against foreign courts has been issued in Iranian courts, he noted, “Merely issuing a ruling contrary to a foreign sentence in Iran before a foreign sentence is issued, even if the executive has not been issued, will prevent the implementation of the foreign sentence. Issuance of such a sentence is not justified even in domestic law, for example, in paragraph 4 of Article 422 of the Civil Procedure Code of Iran, and is one of the restitution cases that ultimately violates one of the rulings..
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