iran constitutional law and Civil procedure Code for foreigner lawsuit, Civil procedure rules
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How to file a petition in Iranian courts?

  • According to Article (Principle) number 34 of Iran Constitutional Law: Seeking justice is the indisputable right of every individual. Anyone may have access to the qualified courts for this purpose. All members of the nation have the right of access to such courts. No one can be prevented from referring to courts to which they have a legal right of recourse.

  • As it is obvious from above mentioned Article, anyone who thinks that has a right which should be protected or applied by a court, can file a petition to do so.

  • What are legal petitions? Or for what issue or issues you can resort to a court?

    • there is no legal definition of issues and disputes that can be referred to a court. Normally, the courts will hear disputes. A dispute can arise from a contract (written or oral) or a non-contractual obligation.

    • Based on different disputes, there are three different courts in Iran constitutional law: 1- General Court 2- Family Court 3- Administrative justice court.

  1. General court: the whole system of Iran Judicial Branch is based on general courts. A general court is a court who can hear and award on every disputes. General courts have three subdivisions: 1- civil courts 2- criminal courts 3- family courts. We focus on civil courts.

  2. Family court: a family court is a subdivision of general courts which only handles family disputes like divorce and annulment of marriage.

  3. Administrative Justice Court: this court handles the disputes against governmental organizations. According to Article number 173 of Iran Constitutional Law: In order to investigate the complaints, grievances, and objections of the people against governmental officials, units, and regulations, and in order for the people to restore their rights, a court, named the Court of Administrative Justice will be established under the supervision of the head of the judiciary.

  • Hearings in each of these courts will start by a written petition submitted from a beneficiary. There are three different rules of procedure that govern to the hearing in each court: 1- Civil Procedure Act 2- Criminal Procedure Act 3- Administrative Justice Court Act.

  • A Civil Court as a general court has the authority to hear any civil cases. A Civil Case includes violation of contract, non-contractual liability, trade documents, companies, real estates, and etcetera.

  • Hearing in a Civil Court starts with a written petition (or a claim form). This petition should:

  1. Be in Persian Language.
  2. Contain the name and name of father and age and domicile and career of the claimant.
  3. Contain the name and domicile and career of the defendant.
  4. Contain claim and its value.
  5. Contain legal bases that give the claimant the right of action.
  6. Describe what the claimant wants from the court.
  7. Contain proofs. If the claimant seeks to witnesses, the petition should contain name and domicile of witness or witnesses.
  • From Civil Procedure Act:

    • Article number 144: If the claimant is a foreign national, upon a request from defendant, he or she should secure possible damages incurred to defendant. This request is acceptable only from Iranian defendant and only until the end of first meeting.

      • Explanation: in any case of civil disputes, the claimant can request for a provisional measure to secure his or her claim. In this case, the court will order to confiscate the defendant’s assets to the amount of claim but the claimant also should secure the possible damages incurred to defendant in case of losing the dispute; it is a percentage of the value of claim deposited in cash.

      • When the claimant is a foreign national, the Iranian defendant can ask the court to secure possible damages. The court will order to deposit an approximation of these damages in cash. If the claimant wins the case, this deposit will be returned to the defendant.

    • Article number 145: in the following cases, a foreign claimant does not require to secure possible damages to Iranian defendant:

1- In case of reciprocal action in national country of the claimant.
2- If the dispute arises from Cheque, Promissory Note, or Bill of Exchange
3- If the dispute is based on a deed.
4- If the dispute is pursuant to an official notice like objection to registry of a land and bankruptcy.
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