I am Khalil Asayesh ( iranian lawyer from the Tehran Bar Association with license number 21129) Thank you for choosing my site to use legal services. We would like to inform you that this site has been set up with the aim of improving the level of legal information, legal advice and solving problems of domestic and international law.
Regarding the conditionsfor the implementation of foreign civil sentences in Iran, it should beacknowledged: 1- The ruling issued by a foreign court is one of the civil sentences, because according to Article 169 of the Civil Code, civil opinions are applicable by foreign courts in Iran, and the law also related to the implementation of the scope of civil sentences issued and therefore, the above-mentioned sentences. Despite the benefit of the conditions set forth in this article, the penal code has a subject to withdraw from it, and although the respected legislator in Article 972 of the Civil Code has used the absolute aspect of the word “decrees”, but since the situation of the relevant law is civil, the legislator has not focused on the criminal rulings. 2. According to the Civil Sentence Enforcement Act, the provision for the implementation of a sentence found in foreign courts shall, in other words, be enforced and approved by the Iranian court to be applicable to it, and as article 169 of the Law on The Law of The Law, civil sentences issued by foreign courts shall be enforced in the domain of Iranian sovereignty if they are eligible by the legislature or in the law of the matter.If another order is specified and specified for its implementation. 3. Another important condition of discussion is that the foreign decree requested for implementation must have been issued from a country where, in accordance with its own laws or its international and reciprocal contracts with the Government of Iran, the rulings issued by the Iranian courts in that country also benefit from the legal privilege of implementation or in respect of that reciprocal transaction..
As Iran has concluded bilateral agreements with several countries in this regard, for example, in Article 5 of the Law on The Contract of Residency and Maritime Between the Government of Iran and France “Approved on 8/05/1966” on interest The legal nationals of both countries have equal rights in each other’s territory to accept Chapters 3 and 4 of the General Contract of The Hague dated March 1, 1954, regarding the civil procedures regarding the matters which the chapters govern. .
Accordingly, each government of Iran and France has implicitly accepted the enforceability of the final civil decrees of another country in the sovereign and territorial domains of their country, or the law of agreement between the Government of the Islamic Republic of Iran and the Government of the Russian Federation for help in civil and criminal cases”, approved by the Islamic Consultative Assembly on 10/12/1999. 3. It states: “Legal aid includes the implementation of proceedings in accordance with the laws of the contracting party, including investigations of the parties, defendants and convicts, witnesses, experts, conducting local investigations and examinations, presenting material instruments of the crime, filing cases, criminal prosecution and extradition, identifying and executing judicial decisions in civil cases, submitting and sending documents and information to the other party about the criminal record of the accused
error: کپی ممنوع!!! کاربری شما بصورت خود کار ثبت و پیگرد قانونی دارد