اجرای رای و حکم خارجی

 which was approved by the Expediency Council on December 11, 1996. Paragraph 1 of Article 50 of this Agreement considers one of the cases of refusal to enforce a foreign court order as a case where the adopter has not been able to participate in the trial because of the lack of timely or appropriate delivery of the court's subpoena, and the right to defend, however unintentionally (in the first way) has been denied.

3. The foreign decree is contrary to the international regulations to which Iran is a member: This is also stipulated in paragraph 3 of Article 169 of the Civil Code of Iran, which indicates that if a foreign decree is issued and a right is identified in Iran, but its provisions are inconsistent with the legal regulations that Iran has joined internationally. Generally, according to M. 9,9.M., general regulations concluded in accordance with the Constitution between Iran and other states are subject to the law. Therefore, it is contrary to the provisions of such treaties, which means that it is inconsistent with Iran's domestic laws and the foreign decree is not enforced in this case.

4- The ruling issued by the foreign court has lost its credibility: Therefore, if the ruling issued abroad but for any reason has lost its credibility, even if it is identified, it is still not applicable. This is also stipulated in the recent section 4 of Article 169 of the Civil Code. But in order to analyze the validity of the sentence, we need to analyze the valid ruling. A valid ruling is a ruling which is established in accordance with the law it governs and all conditions required in accordance with the local law to form it are respected and remain valid. For example, if a ruling is issued in the area of the rules of trade law, given that the time in the field of business law remains in place, if the ruling is over time, the ruling can no longer be implemented.

5. An order against foreign sentences should be issued in one of the Iranian courts: This case is also one of the obstacles to the implementation of foreign sentences in Iran, which is stipulated in paragraph 5 of the Law on the Implementation of Sentences. (Mohammad Hassan Mardani, 2012, page 149). Such a ruling is not even justified in domestic laws such as the Civil Procedure Code in paragraph 4 of M422 and is one of the restitution cases that ultimately violates one of the rulings.

6. The investigation of the issue of litigation in accordance with Iranian law is devoted to the Iranian courts: this is stipulated in paragraph 6 of article 169 of the Civil Code. In this section, the jurisdiction of the foreign court is measured in accordance with Iranian law, which is the majority of the jurisdiction with the foreign court, there is no problem. However, if, according to Iranian law, the proceedings are within the special jurisdiction of the Iranian courts. The external ruling cannot be enforced. Like Article 355 of the Law on The Affairs of The Islamic Republic of Iran, it is within the jurisdiction of the Iranian court to investigate claims against foreign nationals in Iran.