This article studies the concept of the penalty clause in the Iranian Legal System. The authors have tried to study the relationship between this concept and discretion through the study of the existing theories about the concept of commitment and legal Provisions and judicial Provisions. For this reason, the penalty clause has been studied as one of the clear rules under the Obligations Law. The authors have tried to examine the fundamental principles, and legal articles cited in the field of the penalty clause and its legal implications in the validity of concepts such as obligation, damage, authority, and being bound over. In this study, an attempt has been made to highlight and study the problems in this concept while taking a critical approach.To do this, the authors have used a collection of library information while studying the literature on the subject. they summersied their suggestions at the end of the paper.