قلمرو تفسیر قضایی در حقوق ایران با مطالعه تطبیقی حقوق انگلستان و فرانسه

Abstract

The methods of interpretation of votes is one of the topics on which there is the least legal literature. There is no doubt that in order to use judicial procedure as one of the sources of law, interpretation of opinions or "judgment" on the one hand to understand exactly what the decision in question seeks to express, propose and prove, and on the other hand to criticize the decision based on other Sources of law, i.e. law, custom, doctrine, and general legal principles and previous judicial procedures are necessary. In this article, the scope of judicial interpretation in Iranian law is investigated with a comparative study of English and French law, using library and documentary methods. By researching legal systems such as England and France, it is clear that the legislative and judicial system has always taken new steps to establish and complete the laws related to the interpretation of contracts and has reduced the practical obstacles to the implementation of judicial decisions in the private relationships of individuals. Examining this issue in Iranian law, the lawyer has evaluated the degree of conformity or compatibility of the decision with the existing legal order through identifying and introducing the theoretical approach (s) related to the field and subject of the decision, as well as the principles and legal regime governing the subject of the lawsuit. and comments on the approval or general rejection of the judge's decisions and the documents and arguments presented based on the above-mentioned considerations.