Document Type : Research/Original/Regular Article
Authors
1
Assistant Professor, Department of Law, Faculty of Social Sciences, Payam Noor University, Tehran, Iran
2
PhD Student in Private Law, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran
Abstract
Article 108 in code on the procedure of public and revolutionary courts in civil matters and article 292 in commercial code of Iran are the main documentations as to issuing of attachment order without paying any security in lawsuits of bills. To put these two regulations together, the outcome is that if the litigant, while launching a petition or prior to the final verdict, requests an attachment order, the court can reach a writ on attachment order without paying any security by the litigant. However, the disagreement rises as to the issuance of attachment order without paying the security prior to making a lawsuit, that whether based on article 108, attachment order is issued disregarding of paying the security, or derived from article 292, it is impossible to issue it prior to making a lawsuit. As an observed rampant case in courts in all across of country and inevitable and materialistic interests of the parties of the lawsuit, which make the base of this paper, the present analytical study, which is based on the study of legal doctrines, statutory law, and the practice of some legal courts, has tried to come up with a genuine interpretation of these articles, alongside with clarifying the apparent conflict in them. It is concluded that the issuance of attachment order in lawsuits document to bills, while or after the making a lawsuit, does not require paying any security; but if it happens prior to making a lawsuit, the judge has to oblige the litigant of attachment order to paying a security, according to article 108 of code on the procedure of public and revolutionary courts in civil matters.
Keywords
Subjects