Document Type : Original Article
Author
Razi University-Kermanshah
Abstract
No legislature can claim that the solution of all legal cases is provided for in the text of the law, and in no case does the judge face a legal vacuum for resolving disputes. Because various reasons, such as the novelty of the subject matter of the lawsuit, the legislator's delay in enacting the required law, the legislator's failure to enact a comprehensive law, etc., cause the legal system to face a legal vacuum at some point in time. In this case, two assumptions are conceivable. The first is that the lawsuit should be suspended until the required law is enacted, which is contrary to social order. Adopt the proposal and resolve the dispute and does not deny the realization of the right under the pretext of the vacuum of the law. Since the establishment of the judiciary in a new form in Iranian law, the legislature has always implied the legal vacuum by preferring the principle of the judge's duty in favor of social order to impose a verdict based on a source other than the law. This source, which has changed over time, includes the spirit and contents of the subject laws, certain customs and habits, legal principles, valid Islamic sources and fatwas of valid jurists. In this article, the evolution of this issue is examined.
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