به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
دانشآموخته دکتری حقوق خصوصی، دانشگده حقوق و علوم سیاسی دانشگاه تهران
کلیدواژهها
موضوعات
عنوان مقاله English
نویسنده English
In French law, especially since 1964, according to the judgment of the supreme court, control of the applicable law the dispute in accordance with the French conflict rules was included among the conditions for the enforcement of foreign judgments, although this condition was gradually removed. In Iranian law, authors and judicial practice influenced by French law, despite not being specified in Article 169 of Civil Enforcement Law, believe that the foreign judgments, especially in matters of family law, can be recognized and enforced in Iran, if the applicable law has jurisdiction over the dispute according to the Iranian conflict of laws rules. This approach has had adverse effects, especially on the rights of Iranians abroad and places them in a dual legal situation. The findings of this research, which focuses on examining the documents of the proponents of this theory, shows that in the current legal situation, none of the provisions cited for issuing an order to enforce a foreign judgment, including Article 6 of Civil Code and paragraphs 3 and 7 of Article 169 of the Civil Enforcement Law does not imply the need to control the applicable law the dispute in accordance with the Iranian conflict resolution rules.
کلیدواژهها English
