The principle and appearance conflict in family law
Some jurists believe that in the conflict between principle and appearance, appearance takes precedence over principle. Given that the courts do not currently have a single procedure, some judges jointly prefer appearance over principle and others prefer principle over appearance. In the present article, which will be descriptive, the authors try to express a superior theory in the conflict between principle and appearance, according to the principles of different theories of jurists in terms of the preference of each principle and appearance over each other. The main purpose of this study is to examine the meanings of the principle and appearance as well as the views of jurists in this field and to examine the practical cases of this issue during the trial on family issues to determine which judge prefers in dealing with such cases during the trial. Give. In this article, according to the uses of jurists and fundamentalists, the method of using these principles and their conditions in jurisprudential inferences has been obtained, and through this, a somewhat comprehensive analysis and a barrier to it has been presented.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.