Document Type : Original Article
Authors
1
Assistant Professor, Department of Law, Ayatollah Boroujerdi University
2
Associate Professor, Department of Law, Ayatollah Boroujerdi University
3
Master's degree in private law, Ayatollah Boroujerdi University
10.22081/phlq.2024.68826.1061
Abstract
Development of legal relations in societies and non-sufficiency of laws; It makes the necessity of interpretation more obvious and this made the legal doctrine to draw different attitudes for interpretation. The realism approach to interpretation, judicial justice in the implementation of the right as it is; It knows and measures every subject based on its criteria and does not consider laws to be general for all subjects. On the other hand, legal dogmatism considers the implementation of the law as the only duty of the judge. The intellectual orientation of each of these schools of interpretation can create different legal procedures in the same issues. Based on this, the present research has analyzed the interpretive schools in the interpretation of the laws and their Match in Iran's private law using a descriptive-analytical method And it has reached the conclusion that private law in Iran's legal system, like other parts of Iran's legal system, follow the constitution. Therefore, according to principle 167 of the Constitution, in Iran's legal system, the originality of the text is one of the legal principles, and the judge or legal scholar must consider the text of the law; However, in Iran's private law, although apparently, the text of the law is original, this does not mean that the judge is limited in interpreting the words of the law. In Iran's private law system, the law clearly defines evidential force the reasons and otherwise, the natural principle associated with jurisdiction is the freedom of the judge in evaluating the reasons. Therefore, in various cases, from the legislator's point of view, reference to considerations outside the law has been the criterion for determining the judgment, and in some cases, the interpretation must be based on external criteria.
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