چکیده:
With the victory of the Constitutional Revolution and the establishment of the constitutional system in Iran, a modern legal system gradually took shape in the country. Considering that before and after the aforementioned revolution, Iran was largely under the influence of England, it was expected that this legal system, like other countries under British rule, would be influenced by the law of that country, or more precisely, by the common law system. However, this did not happen, and in practice, modern Iranian law was influenced by French law within the Romano-Germanic legal family. The numerous legal and non-legal factors influencing this matter are studied in the present article.
خلاصه ماشینی:
A Reflection on the Factors Influencing the Reception of Modern Iranian Law from the Romano-Germanic Legal System Kamal al-Din Harisi Nejad* Assistant Professor, Department of Public Law, Faculty of Humanities and Social Sciences, Tabriz University (Date of Receipt: 2023/03/23 - Date of Approval: 2023/05/23) Abstract: With the victory of the Constitutional Revolution and the establishment of the constitutional system in Iran, a modern legal system gradually took shape in the country.
-In the field of criminal law, after the re-establishment of the Constitutional Monarchy, a Frenchman named Adolf Perni was invited by the Minister of Justice to serve as a legal advisor to Iran, and he undertook to prepare a collection of Iranian criminal laws by imitating and drawing inspiration from the French Criminal Code of 1810 (Mo'tamedi, 2002, 57).
B- Non-Legal Factors Alongside the legal factors mentioned briefly in the preceding lines, the political and especially the cultural presence of France in Iran was another reason for the tendency of the new Iranian legal system towards Romano-Germanic law, which we will briefly discuss.
After the victory of the Constitutional Revolution, the recommendations of Mostashar al-Dowleh were also followed, and as we said before, the new laws of Iran were often adapted from French laws, either completely or in some cases by reconciling them with Islamic principles.
Among these, for legal and non-legal reasons, some of which have been mentioned, the Romano-Germanic legal system and especially French laws were considered, and practically the new legal system of Iran, while influenced by Islamic law, was placed in the Romano-Germanic family.
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