Volume 14, Issue 55 (Winter 2020)                   MLJ 2020, 14(55): 23-45 | Back to browse issues page

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Shokri M, Abiri R. Effects of Contracts of Patients Suspected of Having COVID 19 Based on Health System. MLJ 2020; 14 (55) :23-45
URL: http://ijmedicallaw.ir/article-1-1139-en.html
1- Department of Law, Payame Noor University, Tehran, Iran. (Corresponding author)
2- Department of Microbiology, Kermanshah University of Medical Sciences, Kermanshah, Iran
Abstract:  
One of the most important social activities of the members of the society is the operations related to the contracts that they conclude. Pursuant to the principle of contractual freedom, individuals are free to act in accordance with their wishes.  One of the obstacles to enforcing this principle is public order. COVID 19 disease as a disease with a high epidemic rate with potentially fatal effects is currently in the contract as an important part of legal activities. The effect of this disease on contracts is significant. In the meantime, the basis for effectiveness should be clarified and the legal effects of the disease can be determined according to the type of contract with this complication. It is specific to the contract and its application can play an important role in preventive measures. Its rapid and global spread, given the lack of definitive treatment and vaccines, should be considered a barrier to contracting. Since a person with a suspected physical involvement in the contract (whether forming or performing) a precautionary measure against the spread of the disease is likely to be fatal, there is no doubt that there is an example of dealing with public order; Collection of data and information on virology and health of the causative agent of COVID 19 using various sources and sites and the website of the World Health Organization and its compliance with the rights factors of contracts for review and implementation were reviewed and legal analysis of the effects of this disease and The need to avoid precautionary measures was presented in accordance with the legal system. Therefore, by determining the guarantee of civil performances in accordance with the prevalence of this disease, the contractual effects should be in line with preventive measures, depending on the guarantee of invalidation, termination or temporary suspension of contracts of infected and probable and suspicious people according to the type of contract. This research is legal.

Please cite this article as: Shokri M, Abiri R. Effects of Contracts of Patients Suspected of Having COVID 19 Based on Health System. Iran J Med Law 2021; 14(55): 23-45.
Type of Study: Original Article |
Received: 2020/05/8 | Accepted: 2020/12/23

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