Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 600-614 |
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Zangi S, Almasi N A, Mehrpour Mohammadabadi3 H. Positive and Negative Conditions of Recognition and Enforcement of Foreign Judgment and its Challenges in Iran. MLJ 2022; 16 :600-614
URL: http://ijmedicallaw.ir/article-1-1689-en.html
URL: http://ijmedicallaw.ir/article-1-1689-en.html
1- Department of Law, United Arab Emirates Branch, Islamic Azad University, Dubai, United Arab Emirates.
2- Department of International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran., Tehran Branch
3- Department of Private Law, Faculty of Law, Shahid Beheshti, Tehran, Iran.
2- Department of International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran., Tehran Branch
3- Department of Private Law, Faculty of Law, Shahid Beheshti, Tehran, Iran.
Abstract:
Background and Aim: The development of international relations has made the recognition and implementation of judgments issued by foreign courts an undeniable necessity, as it has made this issue one of the important issues of private international law. Recognition and execution of a foreign judgment requires the fulfillment of a series of positive and negative conditions.
Method: The research method of this article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.
Ethical Considerations: In this article, the originality of the text, honesty and trustworthiness are observed.
Results: In spite of the fact that the expansion of international relations in today's world, especially in commercial affairs, it is necessary that the necessary conditions for the recognition and execution of foreign judgments are completely clear and free from any ambiguity; In Iran's legal system, the legal articles governing the recognition and execution of foreign judgments are full of ambiguity, which is the source of fundamental challenges in practice.
Conclusion: The current research shows that unfortunately, both categories of positive and negative conditions of "recognition and enforcement of foreign judgment" in Iran's legal system are ambiguous and challenging. The main source of the challenges is the vagueness of the terms used in the relevant legal articles and unfortunately, it can be said that in all the clauses and related articles, there are ambiguous words that have caused different interpretations by the authors.
Please cite this article as:
Zangi S, Almasi NA, Mehrpour Mohammadabadi H. Positive and Negative Conditions of Recognition and Enforcement of Foreign Judgment and its Challenges in Iran. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e36.
Method: The research method of this article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.
Ethical Considerations: In this article, the originality of the text, honesty and trustworthiness are observed.
Results: In spite of the fact that the expansion of international relations in today's world, especially in commercial affairs, it is necessary that the necessary conditions for the recognition and execution of foreign judgments are completely clear and free from any ambiguity; In Iran's legal system, the legal articles governing the recognition and execution of foreign judgments are full of ambiguity, which is the source of fundamental challenges in practice.
Conclusion: The current research shows that unfortunately, both categories of positive and negative conditions of "recognition and enforcement of foreign judgment" in Iran's legal system are ambiguous and challenging. The main source of the challenges is the vagueness of the terms used in the relevant legal articles and unfortunately, it can be said that in all the clauses and related articles, there are ambiguous words that have caused different interpretations by the authors.
Please cite this article as:
Zangi S, Almasi NA, Mehrpour Mohammadabadi H. Positive and Negative Conditions of Recognition and Enforcement of Foreign Judgment and its Challenges in Iran. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e36.
Type of Study: Original Article |
Received: 2023/06/25 | Accepted: 2023/08/28
Received: 2023/06/25 | Accepted: 2023/08/28
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