recognise and Implementing Foreign Civil judgments in Iran’s Legal System

اجرای رای خارجی

اجرای رای خارجی

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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.

My specialty is in the field of international companies and contracts, I have experience in advocacy in international arbitration, as well as experience in enforcing foreign judgments in Iranian courts and courts outside Iran (including Germany, France, Turkey, UAE.and Oman), so I am ready to provide you with legal services in this regard.


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recognise and Implementing Foreign Civil judgments in Iran’s Legal System 

The rulings and judgments issued by foreign courts in Iran did not have the capability to be carried out in Iran, and the reason for the non-implementation of the foreign court’s ruling in Iran was not the reason for the failure to enforce theruling, Capitulation and somehow the interference of a foreign country issuing decrees in the domestic sovereignty of Iran, and with the opinion of the laws governing the legal system of Iran, the conditions for the implementation of foreign sentences in iran’s legal system have been determined for the first time, in accordance with the instructions of the Ministry of Justice on 11/12/1975 and subsequently in accordance with Articles 169-174 of the 

Civil Code of 197.

 

As can be said in this regard, this joint judicial and of course reciprocal approach of the Government of Iran with other governments is possible and possible under the rules of the issue, treaties, agreements, contracts and reciprocal transactions, and so that this important issue is stipulated in article 169 of the Civil Decrees Enforcement Act of November 1977, and this meaning is also stated in mesh theories.The Legal Directorate of the Judiciary is also known, for example, the consultative theory no. 1097/7 dated 5/4/70 stipulates: “The principle is that due to the sovereignty of governments, the rulings of the judicial courts of one country cannot be enforced in another country, so if it is between the Government of Iran and the foreign country, In order to enforce the sentences, there must be a treaty or contract of judicial cooperation, or two countries should make reciprocal transactions regarding the implementation of sentences, and using the unity of the criteria of article 169 of the Civil Sentence Enforcement Act of 1977, the sentences issued by Iranian courts are applicable in that foreign country..

Considering that at first, the identification of a foreign sentence for its implementation has been of great importance, so the purpose of identifying foreign rulings is that the court of a country recognizes and validizes the rulings that a foreign court has issued, and on the other hand, the purpose of identifying the sentence is not to directly execute any ruling that has been established by a foreign court, but to recognize the legal and legal recognition. The validity of the ruling issued by a foreign court, and the implementation of the rulings of foreign courts, also means that the court of a country considers the ruling issued by a foreign court, as well as the rulings issued by its internal courts, and acts against the criminality of its legal formalities within its sovereignty, and therefore the difference between identifying and enforcing the rulings of foreign courts is obvious, although the court has one.The country should identify any foreign ruling that comes into force, at the beginning of its legal identification, and the other is not true, and in any case, the identification and existence of an external ruling are two important central discussions of foreign courts and one of the most important issues related to the field of private international law, and according to the recent article 971 of the Civil Code, which stipulates: The same dispute in the Barbarian Court will not be the jurisdiction of the Iranian court.

If the Iranian courtshave exclusive jurisdiction over the proceedings, the foreign court does not have the competence to investigate it, which generally explains his jurisdiction in the legal sense that paragraph 6 ofArticle 169 of the Civil Sentence Enforcement Act of November 1977 regards the issue and useful of this legal meaning and, in the opinion of some legal thinkers, “. A foreign ruling isapplicable in Iran if the court that issued the sentence is competent under Iranian law to investigate the matter of dispute, called “general jurisdiction” or “international jurisdiction of the court issuing the sentence”(Safai, 2009,p. 182).

Article 972 of iran’s civil code also states: “Sentences issued by foreign courts as well as official documents regulated in foreign affairs cannot be carried out in Iran unless they have been issued in accordance with Iranian law”, and in this regard, Article 169 of the Civil Code of Iran enforces the sentences issued by foreign courts only with certain statistics. In other cases and conditions, it has ruled out the possibility of implementing foreign sentences, which should be acknowledged at the beginning of the discussion: there are undoubtedly differences in terms of action and the implementation of criminal and legal sentences, and from the dimensions of the costs of the proceedings and the effects of each one, and the distinction between each of the criminal and legal rulings, and as these dimensions of distinction between the rulings issued by foreign courts on matters of the matter. Civil and criminal law also exists, and since iran’s judicial system has written on the basis of law, by ratification of civil law in Iran, Article 972 of the Law stipulates: “Sentences 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” which in fact guarantees the provisions of this article.Civil judgments, but the degree of entry into force are subject to the degree of its implementation, and subsequently, the Iranian legislator in Article 1295 of the Civil Code considers the rulings of foreign courts as one of the documents regulated outside Iran and declares in this regard: that those documents will have the same crediness as they are issued in accordance with the laws of the place of issuance, provided that firstly: the documents are for some reason.The legal causes have not been valid. Secondly: their provisions do not oppose the laws relating to Iran’s public order or good ethics. Thirdly: the country where the documents are regulated in accordance with its own laws or the regulations regulated in Iran is also valid. Rabaa: Iran’s political or agency representative in the country where the document was drafted or the political and legislative representative of the country in Iran has acknowledged that the document is in accordance with the laws of the place, and since the implementation of judicial rulings relating to the foreign country constitutes the eشxercise of the sovereignty of the government issuing the sentence in the territory of the state implementing it, the Iranian legislator in the civil law has expressed a subtle allocation.(c) The exception to the sovereignty of the Government of Iran in its handling of matters related to it, in terms of the government’s exclusive and absolute review of legal proceedings, has recognized the provisions of foreign judgments in its exclusive domain, but has defined its implementation in its exclusive domain and has placed an integral part in its national sovereignty, and at the same time, the respected legislator in Iran’s civil law, while recognizing foreign rulings on the other hand.In the case of identifying foreign sentences with legal and criminal matters and its entry into force in terms of statistics and its non-conflict with its national interests and laws, and maintaining its purpose, it has established a distinction and distinction in its legal jurisdiction, as in the case of the implementation of criminal sentences issued by foreign courts in its common judicial procedures around the scope of the agreement. Special conventions, treaties, and laws relating to the extradition of criminals and the transfer of their convicts have considered it legally and within the framework of these cases, and in other cases, citations regarding the possibility of carrying out criminal sentences issued by foreign courts are silent in Iran..

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