نوع مقاله : مقاله پژوهشی
نویسنده
استادیار پردیس فارابی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
In subject of conflict of proviso, the views of experts on the topic, is different. Some of them believe that debate is about conflict of verbal sense of a provision and concept of another provision, not conflict of some verbal senses or conflict of some concepts. Some of Jurisprudents believe that debate is about independence or dependence of provisions, not conflict of some verbal senses or conflict of some concepts or conflict of verbal sense of a provision and concept of another provision. The third group believes that debate is not exclusive in one case and there are two questions here: one is about several provisions which have unit consequent, and this unit consequent is Multiple neither existentially nor on the basis of rating. Second question is about a consequent which has true unity and repeatable existentially. From the view of some experts the main issue is that conflict of two provisions is not only from its exclusive causality but also from conflict of two immediacies; so the problem is verbal and implicative and it may be just solved through verbal rules. There are five possible solutions for removing conflict among the various provisions which have been considered and criticized in the research.
کلیدواژهها [English]
