Recognition and Enforcement of Foreign Judgments in Iranian Law with a View to Judicial Practice

Abstract

The objective of the present article is to examine the recognition and enforcement of foreign judgments in Iranian law with a view to judicial practice. The results indicate that, in the Iranian legal system, foreign judgments are enforceable when the issuing country, according to its domestic laws, or through a treaty or court order, recognizes judgments issued by Iran as valid. If a foreign judgment is rejected by an Iranian court due to incompatibility with Iranian public order and good morals, contradiction with international treaties, involvement with immovable property located in Iran, or inconsistency with a foreign judgment previously issued by one of the courts in Iran, such foreign judgments cannot be recognized and enforced in Iran. At times, judicial practice reveals that courts face a state of confusion when dealing with the enforcement of foreign judgments in Iran. For instance, in one case, an Iranian family court, when reviewing a request for the recognition and enforcement of a divorce judgment issued by a Danish court, without issuing an enforcement order, delved into the merits of the case. In response to the plaintiff's request, the court adjudicated the request for recognition and divorce in accordance with Iranian law, considering the requested judgment as a presumption and indication for its own divorce ruling. Following a substantive review, the court issued the divorce judgment based on Article 1130 of the Iranian Civil Code. In another separate judgment, the court addressed a request for the recognition of divorce and, based on the reasoning that the divorce judgment issued by the California Supreme Court indicated the termination of the marital relationship and that its compliance with Islamic marriage regulations and the performance of the Islamic divorce formula under Islamic conditions were confirmed by an Islamic marriage registrar, the court recognized the California judgment pursuant to Articles 6 and 972 of the Iranian Civil Code.