Debt recovery in Iran, principles, competent court and the other issues
In this Article we are trying to provide you with the general principles of the debt recovery in Iran.
What is the competent court for debt recovery in Iran?
According to Article 11 of the amended Iran Civil Procedure Law (the “ICPL”) dated April 16th, 2000, “The claim shall be brought before the court wherein the defendant’s domicile, If the defendant has no domicile in Iran, in the event that the defendant has temporary residence in Iran, the claim shall be brought before the defendant’s residence court. In the event that the defendant has no domicile or residence but has immovable property in Iran, the claim shall be brought before the court wherein the defendant’s immovable property. If does not have immovable property as well, the plaintiff shall bring the claim before the court of his/her domicile.”
In addition, according to Article 13 of the ICPL, “In the commercial claims and the claims in connection with the movable properties, arising out of the agreements or contracts, the plaintiff may bring the claim before the court wherein the agreement or contract has been conducted or commitment should be performed.”
Finally, pursuant to the decision No. 9 of the public board of the Supreme Court of Iran dated on February 17th, 1981, in the commercial claims and the claims in connection with the movable properties, arising out of the agreements or contracts, the plaintiff may appoint the court in accordance to Article 11 or Article 13 of the ICPL, at his/her own discretion.
What is the acceptable evidence and document to prove the debt recovery before the competent Iranian courts?
According to Article 1258 of the Iran Civil Code (the “ICC”), the evidence admissible in providing a claim (in terms of priority) is as follows;
- Confession;
- Written deeds;
- Oral testimony (evidence);
- Indications;
- Oaths;
Confession
According to Article 1259 of the ICC, Confession in acknowledging the right of another person against one’s own interest.
According to Article 1275 of the ICC, any person admitting the right of another person is bound by his admission.
According to Article 1280 of the ICC, written confession follows the same rules as an oral one.
Thus, it should be noted that, as there are several email correspondences between the buyer and seller (according to provided Excel-Sheet listing reminders sent to customers for the last two years), the context of the said correspondences shall be taken into account as they can be regarded as a confession of the debt as has already been acknowledged by the email answer to pre-collection letter dated 4 May 2016. Such documents can be submitted to the court as evidence which can corroborate client’s claims.
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Debt recovery in Iran, principles, competent court and the other issues
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