The Conditions of the Enforcement of the Foreign Judgment Based on the Res Judicata

According to the articles 169 to 179 of the Civil Judgment Enforcement Law, the enforcement of the foreign judgment in the Iranian law is based on the reciprocal act. But extension of international relations in the world today, above all in the commercial domain, requires that enforcement of foreign judgment be accepted after obtaining its correctness conditions based on res judicata. Therefore, it is necessary that the fundamental conditions of correctness of foreign judgment for recognition and enforcement of the foreign judgment be contentious proceeding in the Iranian court and the judgment debtor to have right to produce his objection in the court. These conditions include: international jurisdiction of the court which gives the judgment, non-contradiction of the foreign judgment against Iranian public policy, due process of law, non-obtaining the judgment by the fraud and the jurisdiction enforced law at the litigation.