The Enforcement of Foreign Verdicts and Documents in Iran
The enforcement of foreign verdicts and documents in Iran are permitted under certain condition by Iranian courts.
According to a legal principle in Iran, a lawsuit, in terms of the jurisdiction of the courts, will be subject to the laws of the locale in which it is filed.
However, under certain conditions in Iran, it is possible to authenticate and enforce some documents and verdicts that are issued in another country.
The enforcement of foreign verdicts via Iranian courts
If a lawsuit is pending in a foreign court, even if one of the litigants is an Iranian citizen, his/her lawsuit, according to the principle of local jurisdiction, will be processed on the basis of the laws of the country where the lawsuit is filed.
It should be noted that the rules of jurisdiction of the courts, which are in the main legal framework mentioned above, are jus cogens and the agreement of the parties to the contrary has no effect.
However, if the rulings issued by foreign courts are to be enforced in Iran, an order must be issued by the Iranian courts for their enforcement; this is because according to a legal principle accepted in Iranian law, the court cannot enforce foreign laws that are contrary to good morals. The court cannot also enforce foreign laws that hurt the feelings of the society or for any other reason are considered contrary to public order, although the implementation of these laws are considered permissible in principle.
What does public order and good morals mean in the Iranian law?
Public order laws are regulations that are intended to protect the public interests, and violating them disrupts the order required for the proper conduct of administrative, political, economic, or family affairs.
Good morals, which has not taken the form of law yet, is also a part of public order and is the guarantor of social conscience.
The Iranian courts also review these verdicts in terms of their validity and their status of non-conflicting with public order, and then issue an order to enforce them. The influence of these documents and rulings is subject to this investigation and decision.
Thus, the Iranian law blocks the execution of rulings that are contrary to public order and Iranian law. This is done through the supervision of domestic courts over rulings that are issued by foreign courts.
The necessary conditions for the execution of foreign court rulings in Iran
In addition to the general principles mentioned above, according to the Civil Judgments Enforcement Act (CJEA), civil judgments issued by foreign courts are enforceable in Iran under the following conditions, unless other rules or conditions are provided by law:
- The verdict is issued from a country in which, according to local laws, treaties, or agreements, the rulings issued by the courts of Iran are enforceable or the two countries can reciprocate the execution of the rulings.
- The content of the verdict does not contradict the rules of public order or the good morals.
- The execution of a sentence does not conflict international treaties signed by the Iranian government or not be contrary to specific national laws and regulations.
- The verdict should be final and binding in the country where it is issued and not be revoked due to legal rules.
- No Iranian court should have ruled against the foreign court.
- According to Iranian laws, the litigation process should not be limited to Iranian courts, such as the law on the Personal Status of Iranians.
- The verdict does not apply to immovable property located in Iran and its related rights.
- The execution order of the verdict should be issued by the competent authorities of the issuing country.
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