Judicial Law Views Quarterly (Law Views)

Mendeley  

Zotero  

Taskhiri M S, Ghasemi G A. Legal Status of Treaties in Interpretation and Application of Article 7 of the Iranian Civil Code. دیدگاه‌های حقوقی 2019; 23 (84) :1-22
URL: http://jlviews2.ujsas.ac.ir/article-1-1263-en.html

Nowadays there are many aliens’ populations living in other countries. Forced Migration and Study of Religious Sciences are two main reasons introducing Iran as a host country. This paper Intends to clarify some questions about enforcement of Iranian civil code which determines the applicable law on the personal status of foreigners. There are some disagreements about the law governing personal status and situation of foreigners and it is because of some ambiguities in the Civil Code. There are two main interpretations about the Civil Code: the first view claims that the law of Iran must principally apply to Personal status of foreigners unless there is a treaty between Iran and the foreigner’s national state which resolve the problem; but the second view defends applying law of the foreigner’s national state and believes that absence of a treaty has no effect. According to the historical events and legal facts with an analytical view, this paper proves that the second interpretation is more efficient and rational.