The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

A Comparative Study on The Security for Attachment Order in The Lawsuits Documentary to The Bills

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
Articles 108 of the Civil Procedure Code and 292 of the Commercial Code are the primary legal foundations for issuing a "Writ of Attachment" (Prejudgment Seizure) without the requirement of providing security (probable damages) for commercial instruments. When these two provisions are applied together, it is certain that if the plaintiff requests an attachment along with the petition or before a final judgment is rendered, the court shall issue the writ without requiring security. However, regarding the issuance of an attachment order without security prior to filing the main lawsuit, there is a legal dispute: does Article 108 allow for such an issuance without security, or does Article 292 imply that this is not permissible before the lawsuit is filed? Given the prevalence of this issue in courts and the material interests of the parties involved, this analytical study—based on legal doctrines, statutory law, and judicial precedent—seeks to resolve the apparent conflict between these two articles. By providing a modern legal interpretation, we contend that if the request for attachment is made concurrently with or after filing the lawsuit, no security is required. However, if the request is made before filing the main lawsuit, the judge must require the plaintiff to provide security for probable damages, pursuant to Paragraph (d) of Article 108 of the Civil Procedure Code.
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Volume 30, Issue 112
Autumn 2025
Pages 1-21

  • Receive Date 25 February 2025
  • Revise Date 18 October 2025
  • Accept Date 25 September 2025