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Information Journal Paper

Title

Apostille Convention and the Effect of Accession to it on the Iranian Legal System

Pages

  291-319

Abstract

 The Hague Conference on Private International Law concluded the 1961 Convention, The Abolishing the Requirement of Legalization for Foreign Public Documents. In 2012, the Islamic Republic of Iran approved the Act of “ the Accession of the Government of the Islamic Republic of Iran to the Apostille Convention’ . However, the instrument of accession to this convention has not yet been deposited with Ministry of Foreign Affairs of the Netherlands, so after several years Iran is not considered a member of this convention. The main purpose of this convention is to facilitate the certification of documents as well as to facilitate the use of internal documents in other member states of the convention. By acceding to this convention, the consular representations that mediate the certification of documents are eliminated. This research uses descriptive-analytical method to examine different parts of this convention and in each part analyzes the view of Iranian law based on the executive regulations of the Act of accession to the Convention and explains the appropriate solution in this regard. In the final part of the research, the consequences of accession to this convention are explained. With the passage of this Act, some domestic acts of Iran in reciprocal relations with the member states of this treaty have been implicitly abrogated, including the fourth paragraph of Article 1295 and Article 1296 of the Civil Code, as well as paragraph A of Article 2 of the Act of the Translation of statements and documents in courts and official offices. Accession to the convention also facilitates the attraction of foreign investment and reduces the outflow of foreign currency for certification. Therefore, Iran's accession to this convention is a positive step in the national interest and it is recommended to take other executive steps to join this treaty.

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    • Cite

    APA: Copy

    Hashemi, Seyed saeed. (2021). Apostille Convention and the Effect of Accession to it on the Iranian Legal System. THE JUDICIARY’S LAW JOURNAL, 84(112 ), 291-319. SID. https://sid.ir/paper/392458/en

    Vancouver: Copy

    Hashemi Seyed saeed. Apostille Convention and the Effect of Accession to it on the Iranian Legal System. THE JUDICIARY’S LAW JOURNAL[Internet]. 2021;84(112 ):291-319. Available from: https://sid.ir/paper/392458/en

    IEEE: Copy

    Seyed saeed Hashemi, “Apostille Convention and the Effect of Accession to it on the Iranian Legal System,” THE JUDICIARY’S LAW JOURNAL, vol. 84, no. 112 , pp. 291–319, 2021, [Online]. Available: https://sid.ir/paper/392458/en

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