occurred recency principle and recency proving
نویسندگان
چکیده
occurred recency principle and recency proving saber khalilnejad kiasari [1] abstract: this article is to investigate one of the practical principles of methodology and jurisprudence as well as occurred recency principle. this principle is at work to clarify many issues concerned with the priority and recency of two carrying judicial and legal effects. here, through explaining the purpose of occurred recency principle and probing the fact whether this principle is an independent principle or a subset of the istishab, we address the prcatice and validity of the principle in different raised cases and discuss on its legal justifications. the overview of the proposed theories suggests that recency principle is not something different from istishab whether to be considered absolutely or relatively. in case of fulfillment of the conditions and elements of istishab, recency confirmation in time or to something else or the confirmation of the occurred events at the skeptical time is of intelectual components of mustashab. and if positive principle is not augment, the relative principle of recency will be useless while the absolute recency principle is applicable to non occurring events in lack of totality. key words: occurred recency principle, istishab, occurrence, survival of principle, positive principle [1] . an m.a. postgraduate in private law , tehran university
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فقه و مبانی حقوق اسلامیجلد ۸، شماره ۴، صفحات ۷۱-۸۴
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