Judicial Penalty: A Comparative Perspective on Iranian, French and International Commercial Law

The Judicial Penalty is an effective legal institution in order to execution of the civil judgments. This concept belongs to Civil Law. There is an article in UNIDROIT Principles which deals with this penalty. Given the lack of recognition of this concept in some countries, there are some questions about enforcement of foreign judgments that include such penalty. This mechanism is used for execution of all of the judgments in French law. But, the Iranian courts do not use this measure, because there are some disagreements on abrogation of articles 729 and 730 of the former Civil Procedure Code (17 September 1939) and the lack of any equivalent article in later Civil Procedure Code (9 April 2000). The authors of this article are of the opinion that the said legal institution is not abrogated in Iranian law and it can be used for execution of the civil judgments.