مبدأ التناسب : ماهيته و تأصيله - في ضوء النظرية العامة للقانون

Abstract EN

Considering the importance of the principle of proportionality, and its role in the legal life, and In the theory of law, Considering that this theory is the necessary precursor to civil law, so; The researcher consider taking the theoretical aspects of the aforementioned principle, Where he first took the essence of the principle in terms of its definition and characteristics, as well as its importance and evaluation, And secondly, in its root or origin; By researching intellectual assets for proportionality represented by three major principles and ideas; Principles of justice and fairness (Equity), principle of good faith, Principle or idea of reasonableness.

On these material (objective) bases, ideas and concepts are applied -Interference in the civil legal rules what are the rights and obligations it contains in general- Such as authority, right, freedom, public order and legitimacy in the sense of standing at the controls and limits that would Finding equality and balance in behavior when applying these ideas and concepts, what it aims at is a balance between requirements and necessities, and practice those ideas and rules to be Reaction, damage, effect, or legal penalty is lawful.

This is what the principle of proportionality does in the framework of the general theory of law, which is the basis for contemporary civil laws.