Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

Comparative Analysis of Procedural Judicial Rules on Monetary Claims

Document Type : Original Article

Authors

PhD in Private Law Faculty of Law and Political Sciences University of Tehran

Abstract
Although the procedural law and formalities governing monetary obligations are not an isolated enclave apart from the general rules of adjudication, the distinctive features of such obligations, often arising in contracts between merchants or ordinary persons acting for commercial purposes, have at times warranted separate inquiry. The central question pursued in this article, therefore, is what specific procedural rules govern monetary obligations. It appears that, by virtue of their particular nature, monetary obligations in certain respects attract specialized rules that merit close scrutiny. Accordingly, employing an analytical–descriptive method and drawing on library sources, the study examines these rules from the very inception of proceeding, namely, the preparation and filing of the statement of claim—through to the enforcement of the judgment. The article is thus organized into six sections, addressing in turn: (1) the designation of the relief sought, (2) the valuation of the claim, (3) jurisdiction and court fees, (4) defenses, (5) the rendering of judgment, and (6) its enforcement.

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Volume 1, Issue 2
January 2025

  • Receive Date 23 October 2025
  • Revise Date 11 November 2025
  • Accept Date 12 November 2025
  • Publish Date 21 January 2026