ROLE OF JUDGE IN FINDING THE SUBSTANTIVE RULE OF LAW

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KARIMI ABBAS; REZAEI NEJAD HOMAYOON

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: PRIVATE LAW STUDIES Year:2012 | Volume:42 | Issue:3 Page(s): 251-270

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Information Journal Paper

Title

ROLE OF JUDGE IN FINDING THE SUBSTANTIVE RULE OF LAW

Author(s)

KARIMI ABBAS | REZAEI NEJAD HOMAYOON | Issue Writer Certificate

Keywords

SUBSTANTIVE RULE OF LAWQ2

RESOURCES OF LAWQ2

ISLAMIC LEGAL SYSTEMQ2

FITVA AND ISLAMIC RELIABLE RESOURCESQ2

LAW’S SPRITEQ2

Abstract

This is the obligation of judge in civil trial to finding SUBSTANTIVE RULE OF LAW which is governing to a case in current resource of law. As an important role, it depends to have an accurate acknowledge about rule’s resources and applying it in governing legal system. In Iranian positive law we can see two rule of law concerning this obligation, first in Principle 167 of Constitution and second in article 3 of Civil Procedure Law. In despite of accepting the Civil Law exigencies in our legal system, after the Islamic Revolution our country have chosen the Islamic approach concerning judge’s role. This approach is an area larger than Civil Law system in comparison. FITVA AND ISLAMIC RELIABLE RESOURCES have been observed in the other side in despite of Law’s premier place between other resource. The authors are trying to justifying this idea that the judge’s position in finding and applying SUBSTANTIVE RULE OF LAW has been increased after mentioned revolution in comparing before that and Civil Law countries.

Cites

THE NOTION OF JURISDICTION IN IRANIAN JUDICIAL SYSTEM

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APA: Copy

KARIMI, ABBAS, & REZAEI NEJAD, HOMAYOON. (2012). ROLE OF JUDGE IN FINDING THE SUBSTANTIVE RULE OF LAW. PRIVATE LAW STUDIES, 42(3), 251-270. SID. https://sid.ir/paper/124844/en

Vancouver: Copy

KARIMI ABBAS, REZAEI NEJAD HOMAYOON. ROLE OF JUDGE IN FINDING THE SUBSTANTIVE RULE OF LAW. PRIVATE LAW STUDIES[Internet]. 2012;42(3):251-270. Available from: https://sid.ir/paper/124844/en

IEEE: Copy

ABBAS KARIMI, and HOMAYOON REZAEI NEJAD, “ROLE OF JUDGE IN FINDING THE SUBSTANTIVE RULE OF LAW,” PRIVATE LAW STUDIES, vol. 42, no. 3, pp. 251–270, 2012, [Online]. Available: https://sid.ir/paper/124844/en

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