Volume 9, Issue 33 (Summer 2015)                   Medical Law Journal 2015, 9(33): 117-149 | Back to browse issues page

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Rostami Chelkasari E, Asadinejad S M, Khafi S. Effect of rejection of transplanted organ on body part transference legal action. Medical Law Journal. 2015; 9 (33) :117-149
URL: http://ijmedicallaw.ir/article-1-318-en.html
Abstract:  
Generally any act of organ transplantation requires that reflect the will of the parties in a legal action format. This legal act is a private agreement takes place on the transfer member between the donor and recipient and the essential and basic objective of such contract is Health and improvement preservation of transplanted organ recipient. The occurrence of Squirt or rejection of transplanted organ phenomenon not happen final purpose of transfer member for reasons. providing rejection of transplanted organ specially in the legal relationship between living donor and recipient may be claimed due to mistake in the basic description of subject matter that the same to be transplantable to specific recipient individual and or the contract frustrate due to existence implied resolutely condition which arising from obligation mid achievement of results parties conscience. Or the failure to achieve the desired result Creates right of revocation and compensation for the recipient. If rejection of transplanted organ must be determine regard to general legal principle consideration to government conditions on contract in any case and perhaps the contract has been void or frustrated and or is revocable regard to necessity and need to achievement of results under particular conditions of agreement between parties. If the contract is silent cannot be accepted none of the sanctions listed as a rule and should be governed presumption of validity and necessity due to the special nature of contract and this interpretation that obligation of organ donor has been performed by separating transplanted organ of his body.
Type of Study: Review Article |
Received: 2014/10/23 | Accepted: 2015/06/10

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