The effects of "legal principles" in resolving the silence of Iranian law (according to Article 3 of the Civil Procedure Act of 2000)

Abstract

In each legal system, there are some great concepts (legal principles) that the legislator has inspired by them. No legal system is able to anticipate all the issues and provide solutions for all of them. Therefore, the Iranian legislator in Article 3 of the Civil Procedure Act of 2000, demands that, in the event of a silence or summary of the law, reference should be made to the principles of law, this article discusses that the legislator's purpose of legal principles is not merely general principles of law, but also Also included are the cases of minor legal principles, operational principles, lexical principles, legal rules, and so on, and they can be arbitrarily documented and will play an increasingly important role in creating judicial procedures.

Keywords

• general principles
• partial principles
• legal rules
• law
• legal opinion
• article 3 of the civil procedure code 2000