The writ of securement for foreigners in Iran Law

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The writ of securement for foreigners in Iran Law

The writ of securement for foreigners

If foreigners want to litigate Iranians, they shall pay a sum of money, known as the writ of securement. The court wants to be sure that if the lawsuit, brought by a foreigner against an Iranian was unsubstantial and his litigation lead nowhere, the court will be able to compensate the financial damage that Iranian defendant has to tolerate. Receiving the writ of securement has some conditions that we have brought them here briefly:

  1. The claimant shall necessarily be a foreigner, whether his nationality is revealed during the litigation or at the beginning of it.
  2. The defendant shall be necessarily be Iranian.
  3. Iranian party shall ask for the writ of securement in due time.

 The amount of the writ of securement shall be equivalent to the expenses of court proceedings in addition to the defendant`s lawyer`s fee. Determining the fee for the defendant`s lawyer is not difficult but legal proceeding expenses such as the expert`s fee, the cost of performing research project, inspection costs and other related expenses can be difficult. As a result, the amount of such proceedings cannot be determined exactly. However, the amount of the writ of securement shall be definite and exact because it has legal enforcement and it shall not cause any obstacles in the process of litigation.

Receiving the writ of securement includes all foreigners but those whose nations have treaties in related field with Iran.

 

Exemptions

The following foreigners are exempted from paying the writ of securement:

  1. Foreigners in whose countries Iranians are exempted from paying the writ of securement.
  2. Claims on bills of exchange
  3. Mutual claim
  4. Claims related to official documents
  5. claims brought by official notices such as protest to registration

 

Foreigners in whose countries Iranians are exempted from paying the writ of securement

This kind of exemption is due to contracts, treaties and agreements made between governments. Mutual agreement is one of the principles of international law. In such agreements, governments regard international courtesy and exempt the residents of those countries from paying the writ of securement.

Claims on bills of exchange

This kind of exemption is established to secure commercial exchanges especially international trade. Rules and customs on commercial transactions are almost the same everywhere in the world and Iranian legislators wanted to facilitate commercial processes.

Mutual claim

If an Iranian claims against a foreigner, making the foreigner bring a mutual claim, the foreigner shall not pay any writ of securement.

Claims related to official document

Official documents are those documents which are drawn up in official documents office or embassies, ministries or other governmental organs.

Claims brought by official notices

What is important about such claims is that they shall be brought in their due times like claims on protest to registration which have a 90 day time limit.

 

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