Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 1063-1077 |
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Rahmani Mahlabani M, Ghanbarpour B, Abbasi M. The Impact of Suspension of Performance of Healthcare Contracts
on the Efficiency of the Health System: A Comparative
Approach between Iran and England. MLJ 2024; 18 (59) :1063-1077
URL: http://ijmedicallaw.ir/article-1-1976-en.html
URL: http://ijmedicallaw.ir/article-1-1976-en.html
1- Department of Private Law, Qaemshahr Branch, Islamic Azad University, Qaemshahr, Iran.
Abstract:
Background and Aim: Health systems, as vital infrastructures of societies, rely on the efficiency of healthcare contracts between service providers and recipients. In this context, the institution of suspension of contract performance, particularly in emergency situations such as pandemics, economic crises or shortages of medical resources, plays a decisive role in balancing the rights and interests of the contracting parties. The objective of this study is to examine the legal and economic impacts of suspending the performance of healthcare contracts on the efficiency of the health system, using a comparative approach between the legal systems of Iran and England and to analyze the legal foundations, judicial practices and practical consequences of this institution.
Method: This study adopts a descriptive-analytical and comparative approach. The sources include Iranian statutory laws (such as the Civil Code, the Civil Liability Act, laws and regulations governing healthcare services and by-laws of the Ministry of Health), international instruments, judicial practices of Iranian and English courts (including decisions of supreme courts and specialized tribunals), as well as analyses of legal doctrine and the foundations of the economic analysis of law.
Ethical Considerations: In conducting this research, all principles of research ethics have been observed, including academic integrity, respect for the originality of the work, avoidance of distortion of legal concepts and transparent reference to legal doctrines and judicial decisions.
Results: In the Iranian legal system, although the suspension of performance of obligations in healthcare contracts is not explicitly provided for by statute, it can be inferred through reliance on general principles of contract law (Articles 226, 229, 240, 279 of the Iranian Civil Code) and the governing principles of healthcare contracts, particularly in cases of force majeure or temporary impossibility of performance. In contrast, the English legal system-based on the doctrine of frustration, the principles governing healthcare contracts issued by the Department of Health and Social Care and established judicial practice-provides a clearer framework for the temporary suspension or modification of healthcare contracts. Economic analysis indicates that a controlled and transparent suspension of healthcare contracts can protect the economic interests of both service providers and patients, while enhancing the efficiency of the health system during crises. However, the lack of explicit legal provisions and specific enforcement mechanisms in Iran leads to inconsistencies in implementation and undermines public trust in healthcare services.
Conclusion: Establishing clear legal mechanisms grounded in economic analysis for the suspension of performance of healthcare contracts-especially in emergency situations-is an undeniable necessity for improving the efficiency of the health system. England’s experience in drafting specific regulations, providing dispute resolution mechanisms and relying on effective judicial practice can serve as a suitable model for reforming and developing the Iranian legal system in this field. It is recommended that the Iranian legislature amend relevant laws and enact specific regulations for healthcare contracts in order to provide an appropriate framework for the effective and equitable application of suspension in such contracts.
Please cite this article as:
Rahmani Mahlabani M, Ghanbarpour B, Abbasi M. The Impact of Suspension of Performance of Healthcare Contracts on the Efficiency of the Health System: A Comparative Approach between Iran and England. Medical Law Journal. 2024; 18: e72.
Method: This study adopts a descriptive-analytical and comparative approach. The sources include Iranian statutory laws (such as the Civil Code, the Civil Liability Act, laws and regulations governing healthcare services and by-laws of the Ministry of Health), international instruments, judicial practices of Iranian and English courts (including decisions of supreme courts and specialized tribunals), as well as analyses of legal doctrine and the foundations of the economic analysis of law.
Ethical Considerations: In conducting this research, all principles of research ethics have been observed, including academic integrity, respect for the originality of the work, avoidance of distortion of legal concepts and transparent reference to legal doctrines and judicial decisions.
Results: In the Iranian legal system, although the suspension of performance of obligations in healthcare contracts is not explicitly provided for by statute, it can be inferred through reliance on general principles of contract law (Articles 226, 229, 240, 279 of the Iranian Civil Code) and the governing principles of healthcare contracts, particularly in cases of force majeure or temporary impossibility of performance. In contrast, the English legal system-based on the doctrine of frustration, the principles governing healthcare contracts issued by the Department of Health and Social Care and established judicial practice-provides a clearer framework for the temporary suspension or modification of healthcare contracts. Economic analysis indicates that a controlled and transparent suspension of healthcare contracts can protect the economic interests of both service providers and patients, while enhancing the efficiency of the health system during crises. However, the lack of explicit legal provisions and specific enforcement mechanisms in Iran leads to inconsistencies in implementation and undermines public trust in healthcare services.
Conclusion: Establishing clear legal mechanisms grounded in economic analysis for the suspension of performance of healthcare contracts-especially in emergency situations-is an undeniable necessity for improving the efficiency of the health system. England’s experience in drafting specific regulations, providing dispute resolution mechanisms and relying on effective judicial practice can serve as a suitable model for reforming and developing the Iranian legal system in this field. It is recommended that the Iranian legislature amend relevant laws and enact specific regulations for healthcare contracts in order to provide an appropriate framework for the effective and equitable application of suspension in such contracts.
Please cite this article as:
Rahmani Mahlabani M, Ghanbarpour B, Abbasi M. The Impact of Suspension of Performance of Healthcare Contracts on the Efficiency of the Health System: A Comparative Approach between Iran and England. Medical Law Journal. 2024; 18: e72.
Keywords: Suspension of Contract Performance, Healthcare Contracts, Health System Efficiency, Economic Analysis of Law
Type of Study: Original Article |
Received: 2024/07/4 | Accepted: 2025/01/17
Received: 2024/07/4 | Accepted: 2025/01/17
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