نوع مقاله : پژوهشی (داوری سریع)
نویسنده
دانشیار گروه مترجمی عربی، مجتمع آموزش عالی زبان، ادبیات و فرهنگ شناسی؛جامعةالمصطفی العالمیة، قم-ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
One of the most widely used chapters in the knowledge Osul is the chapter on Tazahum. Getting out of the Tazahum, through the application of preferences or the use of the option option, has a smooth and reliable mechanism that simplifies the solution of the problem in the jurisprudential study of an issue, but it is important that the jurist is sure that the issue is really local to the on Tazahum or not.
In order to achieve this certainty, the Usulis have tried to bring the definition of the chapter of conflict and its difference from the chapter of conflict to the maximum clarity in order to make it methodical and easy for the jurist to achieve certainty in the stage of solving the jurisprudential problem. One of the problems that exists in this way is that in the case of conflict, two contradictory duties must be borne by the same obligor, or if two conflicting duties are assigned to two separate obligators, the issue can also be localized to the subject of conflict.
Some jurists have mentioned this issue in their jurisprudential words, but no independent principled discussion has been presented in this regard. This research seeks to solve this problem in the framework of the knowledge of principles with an analytical method. The research hypothesis is that in the realization of compliance conflict, the unity of the obligor is a condition, and if two obligors have two contradictory duties, the local issue is not the subject of conflict, unless the duty of the second obligor is related to the first obligor in a different way.
کلیدواژهها [English]
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