Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 1-13 |
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Ommi A, Mahmoodzadeh H. Analyzing the Type of Blood Transfusion Contract. MLJ 2025; 19 (60) :1-13
URL: http://ijmedicallaw.ir/article-1-1788-en.html
URL: http://ijmedicallaw.ir/article-1-1788-en.html
1- Department of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract:
Background and Aim: Blood transfusion medicine is considered as one of the newest treatment methods in modern medicine in the world, where "blood" and "blood transfusion" form its foundations and nature. Human blood, as a vital substance, has special and distinctive features compared to other body parts, and for this reason, in the past and especially today, it has been the focus of mankind, and in particular, the interest of jurists, jurists and domestic and international legal systems, but With the clarification of new aspects of its therapeutic and medicinal uses and the ambiguity, brevity and legal gap in Iran's legal system in this field creates problems in the process of blood transfusion, which in this research, the method of handing over blood and the forms of contract between the donor and the transfusion organization The blood and the treating doctor have been analyzed.
Method: This research was written using legal and jurisprudential sources in descriptive and analytical method and from library sources.
Ethical Considerations: In the current research, the ethical aspects of library study, including the authenticity of texts, honesty and trustworthiness, have been observed.
Results: The findings of the research show that due to the characteristics and characteristics of definite and indefinite contracts, blood transfusion contracts cannot be applied to them, and these contracts have special rules according to their specific characteristics. The reason for the importance of this type of treatment and its relationship with human health, these special features should be taken into consideration in making rules.
Conclusion: Considering the nature of blood, blood transfusion and the special characteristics of the blood transfusion contract and its process and the special services provided in this process, it was determined that the blood transfusion contract must be a new and special contract with a special law and cannot be He described it in the form of definite and even indefinite contracts.
Method: This research was written using legal and jurisprudential sources in descriptive and analytical method and from library sources.
Ethical Considerations: In the current research, the ethical aspects of library study, including the authenticity of texts, honesty and trustworthiness, have been observed.
Results: The findings of the research show that due to the characteristics and characteristics of definite and indefinite contracts, blood transfusion contracts cannot be applied to them, and these contracts have special rules according to their specific characteristics. The reason for the importance of this type of treatment and its relationship with human health, these special features should be taken into consideration in making rules.
Conclusion: Considering the nature of blood, blood transfusion and the special characteristics of the blood transfusion contract and its process and the special services provided in this process, it was determined that the blood transfusion contract must be a new and special contract with a special law and cannot be He described it in the form of definite and even indefinite contracts.
| Please cite this article as: Ommi A, Mahmoodzadeh H. Analyzing the Type of Blood Transfusion Contract. Medical Law Journal. 2025; 19: e1. |
Type of Study: Original Article |
Received: 2024/02/26 | Accepted: 2024/07/21
Received: 2024/02/26 | Accepted: 2024/07/21
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