In the Iranian legal system, the deposit of potential damages is considered one of the essential requirements in the process of issuing an order to suspend the enforcement of registration operations. This obligation, mentioned in Article 5 of the Law on Amendments to Certain Provisions of the Registration Law (passed in 1943), lacks explicit clarification regarding its method, nature, and acceptable resources for securing it. This ambiguity has led to conflicts in judicial practice; some courts recognize only the deposit of cash as valid, while others accept the possibility of using the seized property. This study, adopting an analytical-comparative method and utilizing jurisprudential principles such as the rules of "No Harm" (La Darar), "Authority" (Tasallot), and the principle of "Equity," investigates whether the potential damages determined by the court can be secured from the same seized property. The research findings indicate that accepting an additional seizure of the already seized property—provided its value suffices—not only does not contradict religious principles and civil procedural rules but can also prevent adverse consequences such as denial of the right to defense, economic discrimination, and prolongation of legal proceedings. Moreover, a comparative study with French and English law reveals that in advanced legal systems, the acceptance of non-cash guarantees such as real estate collateral or bank guarantees is an established practice. Therefore, it is suggested that the judiciary, through a broad interpretation of the concept of "appropriate security," formally approve the possibility of depositing potential damages from the seized property by issuing a uniform circular.

Deposit of Potential Damages Seized Property Suspension of Registration Operations.