Encyclopedia of Private International Law
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Encyclopedia of Private International Law

Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio

The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. Equally, so has the number of legislative activities on the national, international and, most importantly, the European level. With a world-class editor team, 500 content items and authorship from almost 200 of the world’s foremost scholars, the Encyclopedia of Private International Law is the definitive reference work in the field. 57 different countries are represented by authors who shed light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration. The Encyclopedia consists of three inter-linked pillars, enhanced by sophisticated search and cross-linking functionality. The first pillar consists of A-Z coverage of the scope and substance of Private International Law in the form of 247 entries. The second pillar comprises detailed overviews of the Private International Law regimes of 80 countries. The third pillar presents valuable, and often unique, English language translations of the national codifications and Private International Law provisions of those countries. This invaluable combination represents a powerful research tool and an indispensable reference resource.
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Iran

Civil Code of the Islamic Republic of Iran 1928

Editorial note:

An English translation of the Iranian Civil Code is available at <www.refworld.org/docid/49997adb27.html> (last accessed on 19 February 2016).

Unfortunately, the editors did not succeed in obtaining a permission to reprint it here.

Code of Civil Procedure 20002

[…]

Art. 11

The court within whose judicial district the defendant has domicile is competent to hear the case; and if the defendant has no domicile but a temporary residence in Iran, the court within whose judicial district the defendant has temporary residence is competent to hear the case; and if the defendant has neither domicile nor temporary residence but immovable property in Iran, the court within whose judicial district the immovable property is located is competent to hear the case. If there is also no immovable property in Iran, the claimant may seise the courts of its domicile.

Art. 12

Actions related to immovable property, be they related to property, nuisance, prevention from exercising a right, unjust enrichment and the like, are to be brought before the court in whose judicial district the immovable property is located, even if the defendant is not domiciled in that place.

Art. 13

In commercial litigation and litigation related to movable property disposed of by contractual agreement, the claimant may address the competent court of the place where the contract is concluded or the competent court of the place where the contract is to be performed.

[…]

Enforcement of Civil Judgments 19773

[…]p. 3347

Art. 169

Law on the Enforcement of Civil Judgments of 1977: Judgments rendered by foreign courts in civil cases are enforceable in Iran when all following conditions are met, unless provided otherwise in law:

  • the judgment must be rendered by the court of a country that, in accordance with laws or treaties, enforces Iranian judgments or where the reciprocity of enforcement of judgments is established between Iran and the rendering country by practice;

  • the content of the decision must not infringe upon public policy or good morals;

  • the enforcement of the judgment must not contravene either international conventions to which Iran is a party or specific Iranian laws;

  • the judgment must be final and enforceable in the country where it has been rendered and must not have become invalid for legal reasons;

  • Iranian courts must not have rendered a contradictory judgment;

  • there must have been no exclusive jurisdiction of Iranian courts under Iranian law;

  • the judgment must not relate to immovable property and rights connected to it located in Iran;

  • the enforcement order must have been issued by the competent organ in the renderingcountry.

[…]

Family Protection Act 20134

[…]

Art. 14

If one of the spouses is domiciled abroad, the court within whose judicial district the spouse living in Iran has domicile to is competent to hear the case. If both spouses are domiciled abroad, but one of them is temporarily resident in Iran, the court within whose judicial district of the spouse living in Iran has temporary residence is competent to hear the case. If both spouses are temporarily resident in Iran, the court within whose judicial district the wife has temporary residence is competent to hear the case. If neither? of the spouses has residence in Iran, the Court of Tehran is competent to hear the case unless the parties have agreed otherwise.

Art. 15

If the spouses who are domiciled abroad seise the courts of the state of their domicile with family law matters, Iranian courts will not enforce the judgments rendered by the foreign court unless a competent Iranian court examines the judgments and renders an enforcement judgment.

[…]

Unofficial translation by Yu Un Oppusunggu, Lecturer, University of Indonesia, Depok, West Java (Indonesia).

Unofficial Translation by Dr. Nadjma Yassari, LL.M. (London), Max Planck Institute for Comparative and International Private Law, Hamburg (Germany).

Unofficial Translation by Dr. Nadjma Yassari, LL.M. (London), Max Planck Institute for Comparative and International Private Law, Hamburg (Germany).

Unofficial Translation by Dr. Nadjma Yassari, LL.M. (London), Max Planck Institute for Comparative and International Private Law, Hamburg (Germany).