The principles governing the personal status of foreigners residing in Iran from the perspective of law

Author:Reza Khalesi - Amin Khalesi
Position:PhD student of Private Law, Islamic Azad University of Semnan, Iran - PhD student of Private Law, Islamic Azad University of Semnan, Iran - M.A student of Criminology and Criminal Code, Islamic Azad University of Semnan
Pages:138-156
SUMMARY

Affair problems with foreigners in the country, according to the authors own survey shows a lack of consistent practice Court with the author's comments, as well as global developments in this area, to examine the issue from a theoretical and practical layout and helpful as well. In this article, after the introduction, the first part under the laws, to review current regulations with records... (see full summary)

 
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The principles governing the personal status of foreigners
residing in Iran from the perspective of law
PhD. Student Seyed Mohammad Reza Najafi YAZDI
1
PhD. Student Reza KHALESI
2
M.A. Student Amin KHALESI
3
Abstract
Affair problems with foreigners in the country, according to the authors own survey
shows a lack of consistent practice Cou rt with the author's comments, as well as global
developments in this area, to examine the issue from a theoretical and practical layout and
helpful as well. In this article, a fter the introduction, the first part under the laws, to review
current regulations with records historic them. In the second part, the authors studied the
doctrines and opinions. In parts of third place Law and private international foundations in
Islam as New Law International expressed particular Islam. Examples of performance Court
and advice office legal representative of the Iranian judicial procedure, the fourth paper
forms. In the debate of comparative law solutions offered by law in France, Switzerland and
Germany as well viewpoint of each was investigated. In the end, the con clusion is that
according to law of Islamic Republic of Iran and global developments in determining of law
governing personal status, it is necessary to interpret Article 7 of Civil law profound changes
be made in accordance with the current situation in Iran and the world.
Keywords: personal status of foreigners, private international law, Islamic law,
civil law.
JEL Classification: K33, K36
1. Introduction
What laws are governing the personal status of foreigners? At first glance,
the answer seems very simple because Article 7 Law Civil expressly states that:
"Foreign nationals residing in Iran in terms of personal status and capacity
issues as well as the terms law legacy at about treaties, abide by the laws and
regulations of their respective governments".
But the fact is that the answer is not easy. On the one hand, are caused by
different interpretations, as we shall see, the doctrine, and the votes shall have
dispersed from the other side considerations law the Islamic Republic of Iran,
principles of law International Islamic personal, different ideas that Court in this
1
S eyed Mohammad Reza Najafi Yazdi - PhD student of Private Law, Islamic Azad University of
Semnan, Iran, reza.yazdi@yahoo.com
2
Reza Khalesi - PhD student of Private Law, Islamic Azad University of Se mnan, Iran, rezakhalesi@
gmail.com.
3
Amin Khalesi - M.A student of Criminology and Criminal Code, Islamic Azad University of Semnan,
Iran, arminkhalesi@yahoo.com
Juridical Tribune Volume 7, Issue 1, June 2017 139
case, and the possibility to divide foreigners and foreign non-Muslim foreigners the
complexity of the topic is as follows. Before the investigation procedure Court and
theoretical analysis of the subject, it seems necessary.
2. Review the rules
As mentioned in Article 7 BC Foreigners, about treaties, function law
respective put. This material has a double meaning. On the one hand we can say that
there contract to comply foreign law his national is not necessary. Contract what
about, and briefly describe the details of how to apply law with the external.
Obviously they can run Law Foreign to expand or restrict it. However, in the absence
of contract law applicable national foreign person. On the other hand we can say that
actions Law Foreign dependent on the existence of a treaty between the government
and outside government. In the absence of a treaty between Iran and foreign
governments, Law Iran and outside government. In the absence of a treaty between
Iran and foreign governments, Law Iran will be implemented. Two articles in Law
Civil, reinforces the latter view. According to Article 5 of the Law: "all inhabitants
of both interior and foreign nationals will be obedient to the laws of Iran unless law"
exceptions are, furthermore, in accordance with paragraph 2 of Article 961 Law
Civil, foreigners cannot be the rules of personal status Law Iran, which Law Foreign
nationals enjoy government will not accept it. By "enjoy" in this article is to benefit
and enjoyment of other words capacity.
However, article 5 of Citizenship Law can also be made in favor of the first
theory, saying that, in principle, foreigners are rules unless Iran Law one of these
exceptions and exemptions, Article 7 Law the submission civil foreign Law
respective national without having a need for the treaty. But the justification of
paragraph 2 of Article 961 Law Civil favor of this theory is very difficult because
when foreign personal status function Law its national obviously, "the rights to
personal status Law Foreign nationals not accept government " will not be
applicable.
In this case, paragraph 2 of article 961 of the waste and clear explanations
will be repeated only a theory and practice effects would not be justified. This
paragraph of Article 961 say when its status finds that pursuant to Article 5 Law all
the inhabitants of civil ranging from interior or foreign nationals in the context of
personal status function Law Iran, except that in accordance with Article 7 of the
Treaty between the governments of Iran and abroad, and in accordance with
paragraph 2 of Article 961, Iranian Foreign nationals cannot be of those rules in Law
their government explicitly rejected or conflict is obvious, benefit. Foreigners living
in Iran in the context of personal status, function Law Iran until the Iranian rule by
Law there is unplugged. Foreigners residing in Iran are of those provisions relating
to personal status laws of the respective country in unforeseen or foreseen but what
Law Iran with Law they, in conflict are not obvious, benefit. The verdict in the case
of foreign spouses to separate them Court Iran is issued, the wife can be invoked
Law amend the relevant provisions of the Divorce (28 Persian date Aban 1371

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