What is civil court in Iran’s jurisdiction system?
Civil courts in Iran, have jurisdiction over any case which is not criminal, to have a better more clear picture of civil courts of Iran we have to keep in mind that anything outside penal code of Iran be it commercial cases or family related cases are categorized as civil code, which are categorized as following:
High court of justice
As such each court demands its fee and to represent client in each of these court a lawyer also will demand a legal fee.
When do we file cases in civil courts? Do we need a lawyer in civil courts?
Try as we must to avoid taking our cases to courts, there might come a time when we are left with no other option, when negotiations or mitigations fail we file a case in court and let the court judge our case, but given the court fee, the time consuming process the fact that every law and every line in a contract is a double edged sword it is of uttermost importance to have a legal team on our side, otherwise losing a case in an Iranian civil court is an easy procedure, sometime cases are dismissed based on legal technicalities and not their merit, sometimes courts decided to dismiss a case because of a wrong demand written in our petition. There are people who might suggest that filing a case in civil court will not present any risk as ultimately the plaintiff will not face jail time, but it is not entirely so, as one found guilty the other party will not only collect its demand but will also refund his .her paid court fees and legal fees, and to make everything that much worse, in case the party who has lost the case fails to pay up he will face jail time as well!
So, given all the obstacles in the way of securing your claim or defending yourself in a civil court, we strongly advise you to:
Before commencing a business venture always consult with a legal team many complication can be avoided if you have a good contract or can set the foundation of your business in a manner which is compliant with local laws and regulation.
Never try to play lawyer, laws and regulations in Iran are written and often time sold in book stores, but reading them does not make you a lawyer, in fact it might jeopardize your chances
Don’t wait for the court procedure to start! If faced with case you should consult a lawyer as soon as possible, otherwise appeal a court verdict will more difficult, time and money consuming.
In conclusion taking a case to civil court in Iran might seem time and money consuming but it must be noted that if you have a professional legal team by your side you will improve your chances of winning the case and securing your claim.