نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق دانشکده حقوق و علوم سیاسی دانشگاه تهران
2 دانشیار دانشکده حقوق و علوم سیاسی دانشگاه تهران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Legal principles are accepted norms pre-existing in the society which have been recognized and accepted and entered the legal system. The common feature of all legal principles is comprehensiveness, absoluteness and abstraction. These principles also tend to converge with social and moral values. Despite the generality of both, the difference between the principle and the legal rule is that the legal rule is specific because it is established for a specific legal situation and it is only applied to certain actions and events, While the principle is general because it includes the number of indefinite cases. The four principles of freedom of contract, justice, efficiency and security are principles that are recognized as fundamental principles in most legal systems and they are the source of many legal rules and regulations. In the common law system, which has been specially examined, these principles can be achieved through judicial procedure and laws.
کلیدواژهها [English]