Abstract:
Accurate perception of law and reasonable interpretation by judges are one of the
requirements denial of justice. The right of establishments is judges to interpret and
correct implementation of laws in all legal systems and different methods can lead to
sources that the most are among the legal systems but value system governing the rights
of Iranian origin and interpretation techniques change the key sources of law in Iran. The
present paper attempts to clarify recent amendments to article 3 civil procedure code
Iran, overview strength of theoretical and practical executive power is vested reform. A
study by the necessity of having to remove sources of interpretation contained in the
previous legislation, "the spirit and provisions of the laws and customs of habit apparent"
lack of transparency and poor performance in sound usage of new valuable resources
"authentic Islamic sources and fatwas valid" and especially creating confusion and
discrimination in the implementation of the said Article. Research was analytical and
documentary data is collected.
Machine summary:
1 The second speech Resources interpretation of the law in Article 3 civil procedure code Dani Iran The content of Article 3 of the former Criminal Procedure Code, were: "Courts of justice are obliged to investigate claims ruled in favor of laws or their season, and if the statute is not explicit or complete or are inconsistent or no law in the case raised doesn’t have courts of justice shall approve the spirit and the provisions of the laws and customs of the habit clear cut case and forth "the body of this article in reforms after the revolution of 2000 is amended as follows: "The judges are obliged to agree on rules to handle claims has the proper judgment or hostility season if the laws are not perfect either express or contending or even" there is no law in the case posed by referring to the prestigious Fatwas authoritative Islamic sources and and legal principles that are contrary to the Sharia issue and cannot issue a warrant under the pretext of silence or defects or brevity or conflict of laws of high examining cases and sentencing refuse of the rights they will be sentenced well-known and punishment .