Penalty Clause in Discharge of Monetary Obligation

"Penalty" is a term that refers to the word "amount" mentioned in Article (230) of the Civil Code. In addition to giving the other party more reassurance regarding commitment to the contract, the parties to the contract cover all possible risks arising from breach of contract - whether the contract is not performed or its execution is delayed. The Supreme Court's uniform judicial precedent No. (805) on "Determining the penalty clause in Monetary Obligations" was approved by the Grand chamber in the last days of 1399 and immediately attracted the attention of lawyers and judges. The present article simultaneously critiques the "text" and "hypertext" of this uniform judicial precedent and finally concludes that the said opinion has no problems in terms of adhering to Article (230) of the Civil Code; However, citing Article (522) of the Code of Civil Procedure, It will not be true of all assumptions. Also in the hypertext review, the most important points about the effects and consequences of the uniform judicial precedent No 805 have been pointed out.