Volume 26, Issue 94 (summer 2021)                   __Judicial Law Views __2012__, 26(__59__): __224154 | Back to browse issues page

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Ahmadi Far R. The Legal jurisprudential study of organ donation contract commitment. دیدگاه‌های حقوقی. 2021; 26 (94) :141-154
URL: http://jlviews.ujsas.ac.ir/article-1-1157-en.html
Malayer university , r_ahmadifar@yahoo.com
Abstract:   (513 Views)

In the shadow of the advances in medical science today, a large number of diseases and physical injuries are treated by transplantation. Although the moral aspect of saving a person's life is pragmatic and acceptable, however, due to the needs of the recipients of these members, the donation appears to be a donation, and is in fact limited and paid to the donor. The commitment for this agreement as a new contract for knowledge of law is the subject of this study, the purpose of which was to study the sources of Iranian law. Based on the analysis of the sources of Iranian law and the description of the relationship between the parties in such contracts, due to the harm that the organ removes from the organ to the donor body, if the member is subject to the agreement on the zombie before the separation from the human body, this agreement False and invalid, and it is not binding on the parties, and if the agreement is made after the organ is separated from the human body and it is proved that the donating body does not need it or the member of the subject matter of the agreement regarding the dead or dying person This agreement is binding, and if the parties fail to make such an agreement arbitrarily, Mat law enforcement use them.

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Type of Study: Research | Subject: Pivate Law
Received: 2017/12/27 | Revised: 2022/02/07 | Accepted: 2019/07/18 | Published: 2021/10/20 | ePublished: 2021/10/20

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