Comparative Civil Procedure
Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

The effect of applicable law in recognition and enforcement of foreign judgments

Document Type : Original Article

Author

Ali A Saneian

Ph.D in Private Law, Faculty of Law and Political Science, Tehran University

Abstract
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.

Keywords

applicable law
conflict rules
enforcement of judgments
foreign judgment
recognition

Subjects

Comparative Civil Procedure
Volume 1, Issue 1
September 2025

  • Receive Date 31 May 2025
  • Revise Date 06 October 2025
  • Accept Date 11 October 2025
  • Publish Date 23 August 2025

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