The Principle Being Adduceable in the Cases of Doubt in the Mandatory or Complementarity of the Legal Rules with Comparative Study in the Law of Egypt

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Haji Azizi Bizhan; KHOSRAVI HAMED; Khosravi Yaser

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Journal Paper

Paper Information

Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2022 | Volume:13 | Issue:24 Page(s): 81-108

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Title

The Principle Being Adduceable in the Cases of Doubt in the Mandatory or Complementarity of the Legal Rules with Comparative Study in the Law of Egypt

Author(s)

Haji Azizi Bizhan | KHOSRAVI HAMED | Khosravi Yaser | Issue Writer Certificate

Keywords

The principle of mandatory

The principle of complementarity

Public order

Article 10 of the civil code

Abstract

In the legal doctrine, it has been stated different criteria for distinguishing default rules from mandatory ones. But sometimes it is possible to be created doubt in the nature of some legal principles from the point of being default or mandatory. This causes some important questions in this area such as: in the legal system of Iran what the adducible principle is in these cases. Can it be said that with citing on the Article 10 of the civil code the accepted (standard) rule is the complementarity of the legal rule? There is disagreement between law scholars. With considering the principle of absoluteness (itlaq). Some have believed that the mandatory of legal rules is principal. With paying attention to Article 10 of civil code, some others have put forward the complementarity of the legal rules and some others select the theory of being relative and believe that in this circumstance instead of generality it should be considered experience and with investigating in the Law decrees and through investigation it is understood that in every case what principle the legislature has settled. Some has settled the opinion of the judge is the criterion for validity. There are two main standards in this ground in the law of Egypt. The first is paying attention to the sound (concept) of the legal articles. Secondly relying on the concept of Public order and ethics that the recognition of the judge in this issue is the final criterion. What achieves from studying and examination of the jurisprudential and legal sources and the regulation of the civil code in this ground is in Iran’ s legal system the principle is complementarity of the legal rules and the mandatory of legal rules is an exception and it is contrary to the rule. The indication of this claim in addition to Article 10 of the civil code is the basics of human rights and the principle of the validity included in the Article 223 of the civil code.

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APA: Copy

Haji Azizi, Bizhan, KHOSRAVI, HAMED, & Khosravi, Yaser. (2022). The Principle Being Adduceable in the Cases of Doubt in the Mandatory or Complementarity of the Legal Rules with Comparative Study in the Law of Egypt. CIVIL JURISPRUDENCE DOCTRINES, 13(24 ), 81-108. SID. https://sid.ir/paper/678291/en

Vancouver: Copy

Haji Azizi Bizhan, KHOSRAVI HAMED, Khosravi Yaser. The Principle Being Adduceable in the Cases of Doubt in the Mandatory or Complementarity of the Legal Rules with Comparative Study in the Law of Egypt. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2022;13(24 ):81-108. Available from: https://sid.ir/paper/678291/en

IEEE: Copy

Bizhan Haji Azizi, HAMED KHOSRAVI, and Yaser Khosravi, “The Principle Being Adduceable in the Cases of Doubt in the Mandatory or Complementarity of the Legal Rules with Comparative Study in the Law of Egypt,” CIVIL JURISPRUDENCE DOCTRINES, vol. 13, no. 24 , pp. 81–108, 2022, [Online]. Available: https://sid.ir/paper/678291/en

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