خلاصة:
Expurgation of rules and regulations is one of the issues which academic societies are increasingly interested in. One of the categories in the field is examination and identification of the «implied abrogation» of the approved laws. In this article، we try just to discuss some aspects of abrogation (not implicit abrogation and changes but explicit abrogation and changes). You may think that abrogation، modification and explicit annexation are clear and there is no need to discuss them. However، in this article it is tried to discuss such issues and not the implied abrogation which there may be some disagreements upon. Jurists’ main concern is the implied abrogation or changes of rules and regulations. However، books like this one makes us also concerned about explicit changes and abrogation. In this book there are a lot of faults both in content and form. In this article، we discuss the approved laws which have been explicitly abrogated، modified and in some cases underwent annexation and interpretation before the first or later publications of the above mentioned book. One of the examples of these approved laws is the executive regulation about urban land approved in 6/7/1988.This executive regulation which was more than 26 pages in the first publication and 24 pages in 18th publication is explicitly abrogated according to article 40 approved in 14/5/1992. It should be noted that this executive regulation was explicitly abrogated 6 years before the first publication of the book in 1998، but you can find it even in the 18th publication in 2008.
ملخص الجهاز:
Therefore, it is appropriate that in legal books and collections of laws and regulations, instead of recording the approval date of the Civil Code (regarding Articles 1 to 955), reference should be made to its implementation date, which was determined as 1928/05/02 according to the single article of the resolution of the National Consultative Assembly dated 1928/05/07.
The legislative periods, articles, implementation date, and approval date of the Civil Code are as follows: A) The Sixth Term of the National Consultative Assembly The sixth term of the National Consultative Assembly opened on July 10, 1926, corresponding to 30 Dhu al-Hijjah 1344 AH and 19 Tir 1305 SH, and on August 13, This resolution has had a clarification as follows: A) The law of interpretation of Notes 3 and 6 of the law amending the regulations related to divorce approved on 2002/11/19, approved by the Expediency Discernment Council on 1994/08/25, (Collection of Laws of the year 1994: 424) This interpretation does not exist in the book in question.
Secondly, the aforementioned Clause 5 was added to the said article pursuant to the law adding a clause (Clause 5) to Article 3 of the legal bill of the Special Civil Court approved on 1979/09/23, approved by the Judicial Affairs Commission of the Islamic Consultative Assembly on 1981/10/13; it was enforceable on a trial basis for a period of 5 years from the date of approval and had no validity after the expiration of said period.
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