نوع مقاله : پژوهشی
نویسندگان
1 قاضی دادگستری، دانشجوی دکتری حقوق خصوصی، دانشکدۀ حقوق، دانشگاه شهید بهشتی، تهران، ایران
2 استادیار گروه حقوق اسلامی، دانشکدۀ حقوق، دانشگاه شهید بهشتی، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
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 the 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. Indeed, if the substantive law- as from the positivist point of view - was the only source of traditional law and you alone carried out what was expected of law, the emergence of branches and tendencies The new legal system has highlighted the ambiguities, contradictions and legal gaps, and the need to pay attention to legal principles as a dynamic resource that was not subject to the stability of the legal system and even seemed to be the basis of this reliability. 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 and with the study of Iranian judicial procedure.
کلیدواژهها [English]
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