The Idea of Connecting Imami Jurisprudence and European Law in Iran's Civil Law and Examining the Commentators' Approach to This Idea

Ghaviolbonieh, Abolfazl

doi:10.30465/crtls.2024.50205.2877

The Idea of Connecting Imami Jurisprudence and European Law in Iran's Civil Law and Examining the Commentators' Approach to This Idea

Document Type : Research

Author

Abolfazl ghaviolbonieh

PhD in Private Law, Adalat University, Tehran, Iran,

https://doi.org/10.30465/crtls.2024.50205.2877

Abstract

Civil law is one of the most outstanding achievements of the legislative system in Iran. The authors of this law, who are among the most prominent figures in the history of legislation in Iran and were often mujtahids in Imami jurisprudence and were familiar with European law, linked the content of Imami jurisprudence with European law and presented it in the form of a modern law. However, the commentators of this law have not had a single approach to this link and have followed different styles in explaining and interpreting the civil law. The question of the current research is that according to the fields of drafting and approving the civil law, how should the provisions of this law be understood? The answer to this question will be obtained by simultaneously examining the fields of drafting and approving the civil law, including its intellectual, international and legal fields, as well as the approaches of the commentators and commentators of the civil law towards the idea of linking jurisprudence and European law in this law, and it will be clarified at the end. The right way to deal with the civil law is to simultaneously pay attention to both the sources of its formulation, i.e. Imami jurisprudence and European law.

Keywords

Civil Law

Imami Jurisprudence

European Law

Legislation

Civil Rights

Capitulation

Constitutionalism

Subjects

Jurisprudence and Law

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