A Study Of Obligatory And Situational Rules In The Iranian Legal System
Subject Areas : Civil Law
Arman Yaghobi Moghadam
1
(Master student of Private Law, Department of Law, School of Law and Political Science, Allameh Tabatabai University, Tehran, Iran.)
Ashkan Naeimi
2
(Assistant Professor of Fiqh and Fundamentals of Islamic Law, Department of Theology and Islamic Studies, Faculty of Theology and Islamic Studies, Allameh Tabatabai University, Tehran, Iran.)
Keywords: rules, situational rules, mandatory rules, right,
Abstract :
Rules based on one division in the science of principles are divided into situational and obligatory rules.There is one difference between the fundamentalists in the nature of the obligatory rulings, but there is a difference of opinion in the nature of the rulings. Two comments have been obtained between principles. Some fundamentalists, such as Sheikh Ansari, consider the status quo to be detached from the mandatory mandate. Others, such as Fazel Toni, consider the nature of the status quo to be independent. In this research that in terms of practice data collection is a library, we will prove that the separation of status sentences from mandatory sentences in the Iranian legal system has many benefits.
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