Volume 10, Issue 38 (Autumn 2016)                   Medical Law Journal 2016, 10(38): 141-165 | Back to browse issues page

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Taghavi N, Omani Samani R, Asadinejad S M. Examination of Embryo and Gamete Cryopreservation Contracts: (Fundamental Conditions of Validity, Parties' Obligations, Sanctions and Dissolution Forms). Medical Law Journal. 2016; 10 (38) :141-165
URL: http://ijmedicallaw.ir/article-1-619-en.html
1- Faculty of Literature & Humanities, Gilan University, Rasht, Iran
2- Epidemiology & Reproductive Health Department, Reproductive Health Research Center, Royan Institute, Tehran, Iran. (Corresponding author)
3- Law Department, Faculty of Literature & Humanities, Gilan University, Gilan, Rasht, Iran
Abstract:  

Embryos and gamete cryopreservation contract is a contract between the embryos cryopreservation applicant and cryopreservation centers to freeze and preserve their embryos and gamete. This article aims to review constitutional conditions of validity, parties` obligation, sanction and dissolution methods of embryos and gamete cryopreservation contract. Research method has been revision in some parts and analytic- descriptive in other parts. Observing the constitutional conditions of validity of transaction especially about the case of transaction and legitimacy of the contracting parties` motivation bring up new issues. This contract also brings up new issues in parties obligation, their sanction and methods of the contract dissolution due to being new and indefinite. In Conclusion, The cryopreservation contract is a valid contract. Cryopreservation centers are obliged to provide medical information, to transfer the embryos in application time, to preserve the embryos and gamete cryopreservation; applicants are also obliged to take care of the cryopreservation embryos and gamete at the end of the contract duration. Both parties are responsible for violation their commitments. This contract maybe canceled voluntarily and forcibly based on different aspects.

Please cite this article as: Taghavi N, Omani Samani R, Asadinejad SM. Examination of Embryo and Gamete Cryopreservation Contracts: (Fundamental Conditions of Validity, Parties' Obligations, Sanctions and Dissolution Forms). Iran J Med Law 2016; 10(38): 141-164.

Type of Study: Original Article |
Received: 2016/02/23 | Accepted: 2016/07/9

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