Reference to jurisprudence rules in family judicial decisions

Document Type : Specialized article

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Abstract

 
Considering that jurisprudence rules are cited in many cases as a basis for making laws or as a reason for family lawsuits, the purpose of this research is to investigate the status of using jurisprudence rules in the documentation of judicial decisions issued in family lawsuits and the possibility Development measurement is part of it in order to create more unity in the implementation of the provisions of Article 167 of the Constitution. The scope of information collection is the judicial decisions of the primary and family appeal courts and in some cases the decisions of the court in the period between 1391 and 1393, which are available to the public in the system of judicial decisions of the Judiciary Research Institute. The findings indicate that the approach of judges to employ jurisprudential rules in documents in the form of evidence and evidence is both explicit and descriptive, and in some cases, despite the possibility of citation, it has been neglected. Applying jurisprudential rules in family lawsuits is currently acceptable to some extent; But the scope of the possibility of this benefit is more than the existing situation and the capability and necessity of its development is proven. Therefore, suggestions regarding identifying and explaining the jurisprudential rules applicable in judicial opinions as well as emphasizing the use of jurisprudential rules in a more general way and moving towards judicial unity in the family court were presented.

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