Who actually ascertains Iranian law?

A client inherits in Tehran. A bridal gift is in issue. A shareholder signs for a company in Isfahan.

At some point the order reads: "Iranian law applies."

And then?

The court must ascertain it

Under § 293 ZPO the court ascertains the content of the foreign law of its own motion. Foreign law is not a fact requiring proof in the ordinary sense, and the court is not bound by what the parties put forward. Even so, the parties should name sources, the question to be answered and suitable experts early: responsibility lies with the court, but the quality of the basis on which it decides can be shaped.

The treaty route to official information does not exist here

For many states the European Convention on Information on Foreign Law of 1968 opens an official channel of enquiry. Iran is not a party. For Iranian law that treaty-based channel is therefore unavailable.

What remains in practice

An expert opinion is usually obtained, often from a university institute for foreign law. Scholarly treatment is indispensable. But on Iranian questions of registry, civil status or company law the statute book alone is not always enough: what decides the matter can be which version was in force on a particular date, how an authority handles it, and what legal effect a document actually produces.

Three levers

§ 404(1) ZPO: the court selects the expert. Where no suitable publicly appointed expert is available, it may select another suitable person.

§ 404(4) ZPO: where the parties agree on a particular person, the court must in principle follow that agreement. In practice this should happen before the evidential order.

§ 411a ZPO: an opinion obtained by a court or a prosecutor in other proceedings may be used. That can save time and cost — provided the legal question, the facts and the relevant date are comparable.

The question put to the expert decides the answer

"What is the legal position in Iran?" readily produces a textbook chapter.

"Who had authority to sign for the company under Iranian law on 14 March 2023, and from which document did that follow?" produces an answer the court can work with.

One legal system alone is never enough. The gap between two systems is not closed by a translation but by reliable work in both.