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Feasibility Study of Enforcement of Important and more Important Rule in the Conflict of Rights. فصلنامه تحقیقات بنیادین علوم انسانی 2020; 6 (1) :107-128
URL: http://frh.sccsr.ac.ir/article-1-181-en.html

In various issues of knowledge of jurisprudence, there are two rights that the obligated person is not able to fulfill both rights, these issues can be collected under a single heading called “Conflict of rights”. The conflict of rights and its preferences has not been studied independently in the knowledge of principles, and in the knowledge of jurisprudence, only disjointed and decentralized data can be found in some branches of jurisprudence.
The lack of an independent theory of the principles of conflict of rights has made jurists to use the law called important and more important, which is recommended in the knowledge of the principles in order to get out of the conflicts. The problem here is that the important law (what is important and more important) is based on certain principles, according to which its application in the conflict of rights faces obstacles.
What are the basics of the law and what are the problems in using each type of conflict of rights to use it, this is an issue that this research has addressed and has tried to use jurisprudential methods and principles of jurisprudence; relying on the sources of knowledge of jurisprudence and principles of jurisprudence to conclude that in the conflict of financial rights it is not possible to implement the law of important (what is important and more important), But it is possible to use it in the conflict of non-financial rights.