Analyzing the Function of General Narrative Arguments in Iran's Civil Law

Document Type : Scientific Research

Authors

1 Assistant Professor, Law Department of Al-Mustafa University, Qom, Iran.

2 PhD Student in Private Law, Humanities Higher Education Complex, Qom, Iran.

3 Bachelor's Student in Law, Al-Mustafa University, Qom, Iran.

Abstract

One of the debates that can be raised regarding the sources of Iran's subject law is the use of narrative evidence in drafting regulations. The contents of the narrative used in the derivation of laws, especially in the civil law of Iran, are different. For example, in some cases, the narrative evidence is the text of the Iranian Civil Law (narrative function) and the civil law has explicitly mentioned it in an article of the articles or justified the text of the article of the civil law (argumentative function) and there is a reason and evidence for it. It is a legal article, or there is a text in the civil law regarding a specific issue, but it does not address all aspects (supplementary function), or we have conflicting texts (explanatory function), or the summary of the text (interpretive function) is seen. Or the text indicating it is not visible and these evidences appear in the legislative capacity (legislative function). This made it necessary to discuss the functions of narrative evidence in civil law, which is discussed in this article.

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Civil Law Knowledge
Volume 13, Issue 26 - Serial Number 26
October 2024
Pages 121-130

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