Social and Ethical Requisites of the Legal System to Enforce Foreign Judgments for Family Lawsuits

Abstract

Background: Identifying and enforcing the rulings and judgments on family lawsuits is so significant due to the relationship of many of them with public order and good domestic morality. Judges should regard factors such as the nationality of each of the litigants, their marital relationship, or their parental relationship in dealing with rulings in family litigation, in addition to applying a limited control system; this issue has been challenging in some cases; therefore, it is required to eliminate the ambiguity of the current laws and increase the judges' level of awareness on how to deal with such rulings and judgments. Consequently, this study was conducted in order to examine the social and moral requisites of the legal system to enforce family lawsuits. Conclusion: Elements such as citizenship, marital residence, marital and parental relationship, and religion of the litigants play a significant role in identifying and enforcing family rulings in addition to the conditions specified in the Civil Code and laws related to the Civil Judgment Enforcement. Analyzes show that the legislature has caused significant ambiguities in this respect by delegating the enforcement of these rulings to the general enforcement of civil rulings, as well as the requirement for the judiciary to examine conflict resolution rules. Notwithstanding, the Family Protection Law of 2011, has examined only a very small dimension of the identification and implementation of these sentences only for the crime committed by the registrar without the presence of enforceable sentences.