جستجوی مقالات مرتبط با کلیدواژه « enforcement of the foreign judgment » در نشریات گروه « فقه و حقوق »

In Iranian law, the possibility of enforcement of judgments made by foreign courts is allowed by the legislator in Article 972 of the Civil Code. However, its conditions, barriers and procedures are specified in the ninth chapter of the Enforcement of Civil Judgment Act, approved in 1977. There are thought-provoking points in the interpretation and application of the aforementioned rules in the writings of legal researchers and also in the judicial precedent that examining them while taking into consideration the rationale for their existence and also the functions of the institution that has the responsibility to recognize and enforce foreign judgments, can help us to know them better and to take steps towards developing them and benefiting from their advantages.In a judgment rendered on 24/05/2021 regarding the enforcement of a divorce judgment issued by the Douglas Court of the United States of America, Branch 13 of the Appellate Court of Mazandran Province, referring to domestic and international legal sources, addressed points such as the need to respect the acquired rights of the claimant, based on the fundamental right of access to justice, the choice of law governing the dispute by the court rendering the judgment, fraus legis (fraud upon law) and also the connection between social events and legal rules, that is unique in its kind and deserves praise.However, its criticism and introduction, along with addressing some of the aspects of the issue mentioned in the aforementioned judgment, can help develop and facilitate the realization of the institution of recognition and enforcement of foreign judgments in line with the world’s advanced legal systems, and as a result, improve the country's legal system.

According to the articles 169 to 179 of the Civil Judgment Enforcement Law, the enforcement of the foreign judgment in the Iranian law is based on the reciprocal act. But extension of international relations in the world today, above all in the commercial domain, requires that enforcement of foreign judgment be accepted after obtaining its correctness conditions based on res judicata. Therefore, it is necessary that the fundamental conditions of correctness of foreign judgment for recognition and enforcement of the foreign judgment be contentious proceeding in the Iranian court and the judgment debtor to have right to produce his objection in the court. These conditions include: international jurisdiction of the court which gives the judgment, non-contradiction of the foreign judgment against Iranian public policy, due process of law, non-obtaining the judgment by the fraud and the jurisdiction enforced law at the litigation.