Document Type : Research

Author

M.A in Private law, Head of Expurgation of laws Department in Islamic Consultative Assembly

Abstract

Expurgation of rules and regulations is one of the issues which academic societies are increasingly interested in. One of the categories in the field is examination and identification of the "implied abrogation" of the approved laws.
In this article, we try just to discuss some aspects of abrogation (not implicit abrogation and changes but explicit abrogation and changes).
You may think that abrogation, modification and explicit annexation are clear and there is no need to discuss them. However, in this article it is tried to discuss such issues and not the implied abrogation which there may be some disagreements upon.
Jurists’ main concern is the implied abrogation or changes of rules and regulations. However, books like this one makes us also concerned about explicit changes and abrogation.
In this book there are a lot of faults both in content and form.  In this article, we discuss the approved laws which have been explicitly abrogated, modified and in some cases underwent annexation and interpretation before the first or later publications of the above mentioned book. One of the examples of these approved laws is the executive regulation about urban land approved in 6/7/1988.This executive regulation which was more than 26 pages in the first publication and 24 pages in 18th publication is explicitly abrogated according to article 40 approved in 14/5/1992. It should be noted that this executive regulation was explicitly abrogated 6 years before the first publication of the book in 1998, but you can find it even in the 18th publication in 2008.

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