ascending on the formal strategic principles in civil procedure

In the Iranian legal system, according to the explicitness of the legislator and the mention of legal principles in Articles 1 and 3 of the Code of Civil Procedure and the Revolution in civil matters, the source of the principles is proven and the courts have invoked various legal principles in many cases. According to Article 3 of the Code of Civil Procedure, courts are obliged to refer to valid Islamic sources, valid fatwas and legal principles that are not contrary to Islamic law, and issue a verdict in case of silence, defects, ambiguity and conflict of laws. Therefore, the role of legal principles in law is undeniable, and the unwrittenness of many of them has not diminished their mobility and impact, so that if we look carefully, we can trace the principles beyond the words of legal texts, court rulings, pure thought of legal sages. But let us see the legislator. But the conceptual ambiguity of the legal principles mentioned after Islamic sources and valid fatwas creates the illusion that the legal principles mean the practical principles in jurisprudence and also the conservatism of some judges, the Iranian judicial procedure from It has deprived the high role of this institution.