Comparative Civil Procedure
Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

A different look at securing false claims and penalties for abuse of the right to sue with a comparative study of French law

Articles in Press

Document Type : Original Article

Author

Kheirollah Hormozi

Associate Professor, Department of Private and Economic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

Abstract
Article 109 of the Civil Procedure Code allows the defendant to request security from the defendant to compensate for the legal costs that the plaintiff may have to pay to the defendant after a possible conviction. Legal writers have called this type of security the security for a false claim and have studied it in the section on objections. This is while neither the law nor the doctrine has defined a false claim and has not introduced a criterion or measure for determining whether a claim is false, in addition, this security has nothing to do with procedural objections and is a type of security. This is while most civil procedure writers have considered this security to be one of the objections and have studied it in the section on objections. In this article, the false claim under discussion and the philosophy of establishing this security, which is to prevent the filing of unfounded claims, have been stated. The procedure for requesting security, the court's duty to determine the term and amount of security, and the methods of objecting to the amount of security and the term for its payment, and the guarantee of its non-payment, have also been discussed.

Keywords

False claim
securing a false claim and the nature of this securing
how to prove the claim is false
penalty for filing a claim with the intention of abusing the right to sue

Subjects

Comparative Civil Procedure

Articles in Press, Accepted Manuscript
Available Online from 28 April 2026

  • Receive Date 12 December 2025
  • Revise Date 26 April 2026
  • Accept Date 28 April 2026
  • Publish Date 28 April 2026

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