نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار گروه الهیات دانشگاه فرهنگیان ، تهران، ایران
2 دانشجوی دکترای فقه و مبانی حقوق اسلامی دانشگاه مازندران
3 دانشجوی کارشناسی ارشد دانشگاه فردوسی مشهد
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
One of the most used topics under the rule of harm and harm is the issue of the sum of rights; In fact, the sum of rights is a rule of civil jurisprudence that is invoked to avoid damages, although the jurists have not proposed it as an independent rule of jurisprudence. The combination of rights is presented in order to create a solution to prevent loss, and this is the reason for the rule of the rule of harm over other jurisprudence rules, which is also ruled by reason. , bankruptcy, dowry, guarantee, intercession, etc. In this article, the researchers with a descriptive-analytical method, referring to the sources of jurists and the sayings of the Imami jurists, are trying to investigate the most important reasons for the sum of the rights, and according to these reasons, the different aspects of the rule of the sum of the rights and its function and Its examples are discussed in civil and criminal matters; When there is a conflict between the rights of two people and it is not possible to prefer one over the other; Due to the lack of seeing harm and causing harm, it adds up between the rights of the parties, because harm is negated in Islam.
کلیدواژه‌ها [English]
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