نوع مقاله : مقاله پژوهشی
نویسندگان
1 حقوق خصوصی دانشگاه بوعلی سینا همدان استان همدان شهر همدان
2 استان همدان، شهرستان نهاوند، روستای زرامین سفلی
3 دانشگاه آزاد تهران مرکز
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In the legal doctrine, in order to recognize the imperative rules,the supplementaryrules of the proposed criteria have been used. However, sometimes some doubts are created in nature of some legal rules in case of being supplementary or imperative and this leads to several important questions in this regard, including: what is the legitimate principle in iran’s legalsystem in these cases? Is it based on Article 10 of the Civil Code and the principle of contractual freedom that in these cases the principle is based on the supplementary of the legal rules and, as a result, individuals can agree on the contrary on them or not? There are disagreement between lawyers in answer to these questions
But what is learned from the study of jurisprudential and legal sources and the rules of civil law in this matter is that the legal system of Iran, the principle is based on the supplementary of the legal rules, and being imperative of the legal basis, is an exceptional and unconventional matter which must be proven in each case. The result of this coparative study is that there are two main criteria in Egyption law to recognize between supplementary and imperative rules and to dispel doubts in this reard. first, the verbal criterion is according to the tone of legal material. The second is the spiritual criterion, relying on the concept of public order and good morals that the judges distinction is the final criterion in this regard.
کلیدواژهها [English]
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