نوع مقاله : پژوهشی
نویسنده
دانشجوی دکترای فقه و حقوق خصوصی ، دانشگاه شهید مطهری (ره) ، تهران ،ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
With the increase in Iranians residing abroad, the Iranian legal system faces the fundamental challenge of how to interact with the legal situations and decisions related to the personal status of these individuals that are issued in foreign courts. The main issue of the research is to analyze the conflict between the Iranian legislator's approach to requiring the rule of national law (the subject of Articles 6 and 7 of the Civil Code) and the reality of foreign judicial decisions that are based on other legal systems. This research, using a descriptive-analytical method, answers the question of what position the Iranian judicial system takes towards the recognition and enforcement of these decisions in cases related to marriage, divorce, custody, inheritance, will, and lineage. The research findings show that the principle of the rule of law in Iran, in the practical stage and in the face of foreign decisions, faces a deadlock due to the contradiction of those decisions with the "public order" of Iran (especially in institutions such as dowry and divorce). This situation indicates a serious gap in the development of a transparent and efficient procedure for evaluating and identifying foreign judgments. Finally, the article, relying on the capacities of Imami jurisprudence, offers suggestions for creating a coherent legal system to determine the legal effects of foreign judgments in Iran.
کلیدواژهها [English]
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