نوع مقاله : علمی پژوهشی
نویسندگان
1 دانشیار گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران.
2 دانشجوی دکتری حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Countries that prioritize the enforcement of their judgments in foreign jurisdictions often employ various strategies to encourage other countries to enforce their judgments. One such method is the inclusion of reciprocity clauses in laws governing the recognition and enforcement of foreign judgments, as exemplified by Article 169 of the Iranian Civil Execution Act: While this approach is common in many countries, including Germany, China, and Russia using a descriptive-analytical and comparative approach, examines the potential effectiveness of this legal mechanism in achieving the aforementioned objective. The findings indicate that inserting a reciprocity requirement into domestic laws is unlikely to be sufficient for enhancing respect among foreign countries for judgments issued by Iranian courts. Not only does this requirement entail substantial costs, but historical examples in which it has influenced other nations’ approaches to the recognition and enforcement of foreign judgments are exceedingly rare and exceptional. Consequently, it appears that restricting the scope of the reciprocity requirement and adopting a narrow judicial interpretation—coupled with a presumption of reciprocity and, in general, a liberal attitude toward recognizing and enforcing foreign judgments—could serve as a reasonable and effective strategy. Such an approach would signal the national legal system’s willingness to accept and enforce foreign judgments and thereby strengthen international engagement in this area. Furthermore, concluding bilateral or multilateral treaties with other states—aimed at judicial cooperation and reciprocal enforcement of judgments—represents another promising avenue for enhancing the recognition of Iranian judgments abroad.
کلیدواژهها [English]
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