Bailing bill in Legal System of Iran and France

Iran Commerce Law, in the fifth discussion and chapter 1 on the endorsement of the bill, has not referred to the bailing bill. The credited judicial procedure in lack of law and the existing gap has rarely involved in this discussion and can’t be reliable. Due to the necessity of bailing a bill in commercial affairs, it is competent to study this issue. This study is aimed at investigating the possibility of a bailing bill in Iran and French Law. In this study, the nature of bail, contract on the mortgage as the queen of bails, bill, and bailing bill are analyzed in the frame of a contract. Besides, the challenges and barriers to the bailing bill in Iran law and comparing it with French law are focused. In this regard, votes can be analyzed by the lawyers using the descriptive-analytical method. Finally, with the deduction that the bailing bill is inconsistent with the effects of contract on the mortgage, the possibility of a bailing bill in the frame of contract on a mortgage is canceled. As a result, the bailing bill in French law has been suggested as a legislation pattern in Iran commerce law.