Determine the law governing the capacity of foreigners residing in Iran

Document Type : Specialized Article

Authors
NejadAli Almasi 1
Morteza Najaf Abadi 2
1 Professor, University of Tehran
2 Master of Private Law
10.30497/leg.2018.2815
Abstract
Determine the law governing the capacity foreigners residing in countries, is one of the most important issues of private international law that, the adjudicating authority is facing with it. Present article has tried to use the principles of conflict of laws, for Offer a good solution, for determine the law governing the capacity foreigners residing in Iran. To achieve this subject, suggested that use of the division of foreigners into the following three categories: Aliens have the nationality of a foreign country, Aliens have dual nationality, Aliens without nationality. Then, with the using the content of Article 7 of the Civil Code -As a general rule- and the exceptions to it, determined the law governing the capacity each of the aliens named.
Keywords
Capacity
Aliens
Governing law
Foreign nationality
Dual nationality
without nationality