A comparative study enforcement of foreign courts judgments in the national courts with an emphasis on rule and judicial practice of the Islamic Republic of Iran

Document Type : Original Article

Author

Payam noor univercity

10.30510/psi.2021.276670.1605

Abstract

The increasing development and expansion of relations between countries and nations, especially the significant expansion of international trade relations, migrations, tourism industry and the formation of transnational companies willingly have legal consequences. One of these consequences is the occurrence of lawsuits and disputes between persons of different nationality, an important part of which is presented to the foreign court and leads to the issuance of a ruling or decision of the foreign court, followed by the importance and necessity of identifying and implementing foreign rulings as an undeniable necessity. The executive system of foreign rulings in Iran is currently subject to Chapter 9 of the Civil Laws Enforcement Law, which, due to the increasing development of global trade, and the necessity of economic and cultural development of the country and attracting reliable foreign capitals and partners, cannot meet the needs of the country today. On the other hand, the opinions of our courts in this regard are met. This thesis is intended to review regional and international conventions, laws, regulations and judicial approaches of several countries and adapt them to Iran's laws, regulations and judicial regulations, discuss the flaws and weaknesses of Iran's law and judicial system, and finally propose proposals for reforming this part of the country's judicial system.

Keywords