Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 15-35 |
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Jamshidi Moghaddam S, Mohaghegh Damad S M. The Customary Implied Condition of Safety Obligation in Medical Contracts. MLJ 2022; 16 (57) :15-35
URL: http://ijmedicallaw.ir/article-1-1413-en.html
URL: http://ijmedicallaw.ir/article-1-1413-en.html
1- Department of Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Abstract:
Background and Aim: The safety commitment of the physician and the hospital against the patient has been accepted in such a way that various laws, regulations and instrucions has been set it in first field, but the source of safety commitment in this type of contract are not limited to the rules of the subject and custom and customary rules independed of other factors and as one of the of first sources of contract law will cause the formation of asatety obligation in the contracts concluded between the doctor and patient in such a way that the violation of this abligation causes civil liability.
Method: This article has been written descriptivety-analyticaly using library resources.
Ethical Considerations: This research has been done be observing ethical principles and trustworthiness in using the available sources.
Results: The court hearing the violation of the doctor's safety obligation against patient conissue verdicts to compensate the patient with documents based on customary rules in the light of some articles of civil code, such as articles 220 and 365.
Conclusion: One of the accepted obligations in the contrcted relationship is the safey oblisation with the proviso that in the execution of the contract, it must be done in a way that does not harm the life or property of the contracting party, other wise the breach of the cortract will occur and civil liability will arise. Creating a safety obligation in medical contracts sources such a law, contract provisions and custom are introduced. Among these, custom is very important because in medical contracts, the parties generally don't pay attention to the safety obligation and don't provide a solution custom as the only source while creating a safety obligation in this type of concract, will require the physician and hospital to violate the obligation to compensate the patient. Such a article 356 and 220 in civil law that will be explained during the discussion.
Please cite this article as:
Jamshidi Moghaddam Sh, Mohaghegh Damad SM. The Customary Implied Condition of Safety Obligation in Medical Contracts. Medical Law Journal. 2022; 16(57): e2.
Method: This article has been written descriptivety-analyticaly using library resources.
Ethical Considerations: This research has been done be observing ethical principles and trustworthiness in using the available sources.
Results: The court hearing the violation of the doctor's safety obligation against patient conissue verdicts to compensate the patient with documents based on customary rules in the light of some articles of civil code, such as articles 220 and 365.
Conclusion: One of the accepted obligations in the contrcted relationship is the safey oblisation with the proviso that in the execution of the contract, it must be done in a way that does not harm the life or property of the contracting party, other wise the breach of the cortract will occur and civil liability will arise. Creating a safety obligation in medical contracts sources such a law, contract provisions and custom are introduced. Among these, custom is very important because in medical contracts, the parties generally don't pay attention to the safety obligation and don't provide a solution custom as the only source while creating a safety obligation in this type of concract, will require the physician and hospital to violate the obligation to compensate the patient. Such a article 356 and 220 in civil law that will be explained during the discussion.
Please cite this article as:
Jamshidi Moghaddam Sh, Mohaghegh Damad SM. The Customary Implied Condition of Safety Obligation in Medical Contracts. Medical Law Journal. 2022; 16(57): e2.
Type of Study: Original Article |
Received: 2021/07/19 | Accepted: 2022/02/8
Received: 2021/07/19 | Accepted: 2022/02/8
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