ghasem mohammadi; Morteza jamali
Abstract
One of the main goals of any legal system is to regulate the social life of individuals and legal persons and, at the same time, to keep pace with the ever-changing developments of modern life. The realization of such a function, which on one hand requires stability in legal provisions and situations ...
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One of the main goals of any legal system is to regulate the social life of individuals and legal persons and, at the same time, to keep pace with the ever-changing developments of modern life. The realization of such a function, which on one hand requires stability in legal provisions and situations (as the predictability of the rights and duties of the subject of any legal system) and on the other hand, depends on keeping pace with new needs. It depends on the diversity of resources of each legal system. Examination of these sources indicates that the general legal principles have the greatest capacity to implement these two basic objectives. In fact, if the written law - as from the point of view of the positivists - is the only source of traditional law and bears all that is expected from law alone, the emergence of new legal branches and trends will increase legal ambiguities, contradictions and gaps more than The past revealed the necessity of paying attention to the general legal principles as a source of dynamism, which did not undermine the stability of the legal system and even seemed to be the basis of this stability. Therefore, the present study considers this neglected source in our country's law as a factor for the dynamics of law, while maintaining its strength and stability. In other words, cohesion and dynamics of the legal system can be realized in the approach of the theory of legal principles. The research method has been library with the study of Iranian judicial procedure.
