Procedure of Granting period of Grace Hassan Badini;Hassan Mohseni;Hadi Malektabar

Following formalities and rules of procedures are primary requirements of right in the judiciary system which guarantee the principles of Civil Procedure and stabilize the judiciary process. The Formalities must be determined by legislator to avoid putting its burden on the shoulders of the judge and exposing the parties to judicial tyranny. Although the period of grace is provided in our legal system in Art. 277 and Art 652 of the Civil Code as a Substantive law, its procedure of applying has not been determined correctly and comprehensively neither in civil code, nor civil procedure code and other acts such as Enforcement Procedure of Monetary Condemnation Law. Anyway, this approach is neglected in our judicial system and is required to be investigated .