نوع مقاله : مقاله پژوهشی
نویسنده
پژوهشگر دکتری حقوق خصوصی دانشکده حقوق و علوم سیاسی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
One of the characteristics of the English judicial system as the cradle of common law is the existence of the rule of precedent and its use in the proceedings. This rule, which is based on creating unity and commonality between different customs, requires judges to follow previous opinions. Of course, the judgment is binding if it is issued by the Supreme Court and is consistent with the new event. However, at present, this institution does not have an exact equivalent in the legal system of civil law, but In this article, it has been tried to show that, French law has long used tools with a similar function under the name of regulatory decisions. On the other hand, Iranian law has not equivalent for it and in the case law of Iran, the unanimous rulings of the Supreme Court cannot be introduced as its equivalent. Furthermore, the Islamic judiciary has also followed from such an approach.
کلیدواژهها [English]
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