The Role of Seyed Mohammad Fatemi Qomi in Iranian Civil Code

The main demand of Constitutionalism movement which was succeeded by the slogan of “The Court,” was the law, based on which the first work of constitutionalists was compiling laws and reestablishing the judicial courts. They also continued their former trial for establishment of legal system, and made a huge success by abolishing the Capitulation in April, 1928. Nowadays, the New Iranian Legal System is on the verge of its hundredth anniversary of establishment. During the last century, important endeavors have been made for establishment of the new legal system, one of the most brilliant and everlasting of which was compilation of civil law. The law is important because of its continuation and survival, and it is hence necessary to investigate the reasons of its success. However, in spite of such a position, Iranian Civil Law has disregarded the study of history of civil code, while it is one of the parts of civil law and a topic of interest in many law faculties around the world. Although research done by researchers of other fields is important and useful in historical and sociological viewpoints, such fields cannot explain some legal realities and subtleties; hence, it is necessary for law faculties to do the required trial for the history since no other field can fulfill this gap. The present study is done based on a legal viewpoint to compile the history of civil law and to provide lessons for Iranian Legal System.