Citation to the Spirit of the Law in the Trial

Citation to the spirit of the law has considerable importance whether in evaluation of the private contracts and recognition of their integrity, or alignment and inconsistency of the acts, the instructions ,and the circulars which are published from the institutions of power in a society, or in ambiguity or vacuity of law, so that it can be considered as foundation of a fair trial . Inclusion of the Spirit of the Law in some legal regulations and necessity of the judges to pay attention in their judgeship demonstrates its admission as a firm documentary in the justice system. However legislators do not give one clear definition and assign its implication and applicability to the assessment of the judge.
Recognition of the Spirit of the Law, the legal base, and the juridical solution, the law for its recognition and also pathology of this process are among subjects which have scrutinized in this paper.