A Comparative Study of the Foundations for Determining Procedural Sanctions in Iranian and French Civil Procedure Law

Document Type : Original Article

Authors

1 PhD student, Private Law, Faculty of Literature and Humanities, Bu-Ali Sina University, Hamedan, Iran.

2 Assistant Professor, Department of Law, Faculty of Literature and Humanities, Bu-Ali Sina University, Hamadan, Iran.

Abstract

Iran’s civil procedure law contains significant gaps regarding procedural sanctions. The absence of a dedicated and independent section on procedural sanctions, along with the lack of sanctions for certain important procedural rules, underscores the need to examine the foundations of such sanctions through a comparative analysis of Iranian and French law. This study employs a descriptive–analytical method to explore the subject matter. From the author’s perspective, identifying the origins of each procedural sanction enables a clearer understanding of its underlying foundations. A comparative analysis of Iranian and French law reveals that the causes and origins of procedural sanctions can be summarized as follows: the existence of substantive or formal defects; the occurrence of damage; conflict with public order; violation of essential formalities; breach of fundamental elements of procedural acts; infringement of procedural principles; incapacity or inefficiency of the judicial system; and failure to achieve the purpose of the procedural act. These factors can thus be regarded as the foundational basis for determining procedural sanctions. Accordingly, the legislator, when establishing procedural sanctions, may determine proportionate penalties by examining and evaluating these foundations. Similarly, the judge, as the executor of the law, gains a deeper understanding of the causes and foundations of the sanctions applied in judicial decisions, thereby promoting greater coherence and consistency between the enforcement of the law and judicial interpretation.

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Journal of Comparative Law
Volume 9, Issue 3 - Serial Number 19
October 2025
Pages 109-120

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History

  • Receive Date: 25 June 2024
  • Revise Date: 05 October 2024
  • Accept Date: 24 October 2024

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