Recognition and Enforcement of a Divorce Judgment Rendered by the Court of Douglas, Colorado, USA

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.