Review the Role of Public Order in the Implementation of Foreign Judgments in Terms of Islam and Iranian law

Subject Areas : Political and International Researches Quarterly

Hamid Bazrpach ¹ , jalil Maleki ² , Hasan Pashazadeh ³ , Mohammad Reza Mojtahedi ⁴

1 - PhD Student, Department of Private Law, East Azerbaijan Science and Research Branch, Islamic Azad University, Tabriz, Iran
2 - Assistant Professor of Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran: Corresponding Author
3 - Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Tabriz Branch, Islamic Azad University, Tabriz, Iran
4 - Professor, Department of Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, Iran

Received: 2021-07-02 Accepted : 2021-07-02 Published : 2021-08-23

Keywords: Iranian Law, Public order, British Law, Execution of Foreign Judgments,

Abstract :

In this article, with the aim of examining the role of public order and its studying in the implementation of foreign court rulings based on British and Iranian law, we will try to present different perspectives. In examining the rules and legal institutions, jurists of different countries recognize the concept of public order and consider it as a criterion for limiting the will of individuals. However, they do not agree on the nature of the concept of public order and have found it difficult to know the truth. Contrary to some people's beliefs, public order is not a rule and it is not a legal concept, but one of the main features of social life that is used in the judicial system as a model for creating administrative integration. However, it must be argued that today the enforcement of foreign court rulings in civil matters is accepted in the Iranian-legal system, and in some cases the issuance of the enforcement order is intended in civil matters.