Volume 10, Issue 38 (Autumn 2016)                   Medical Law Journal 2016, 10(38): 73-104 | Back to browse issues page

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Sadeghi M H, Ghani K, Mirzaei M, Bagherzadegan A. Ratio of Causality Relationship and Ehsan Rule (Benefaction Sunnah) in Terminating Medical Liability with a View to Islamic Penal Code 2013. Medical Law Journal. 2016; 10 (38) :73-104
URL: http://ijmedicallaw.ir/article-1-616-en.html
1- Faculty of Law and Political Science, University of Shiraz, Shiraz, Iran
2- Faculty of Law and Political Science, shiraz University, Shiraz, Iran
3- Faculty of Law and Political Science, shiraz University, Shiraz, Iran. (Corresponding author)
4- Department of Law, Payame Noor University, Delijan, Iran
Abstract:  

Ehsan Rule and the effects on it in terms of compensatory and non-compensatory liabilities are of great importance; to the extent that it independently and initially revokes the liability based on a famous view among jurists and Jurisprudents. Based on the mentioned-view, in order to trigger Ehsan Rule and termination of liability, intentional and actual benefaction should necessarily exist. Despite the existing disputes, if we consider the physician as an example of Mohsen (benefactor) he or she will not be counted as liable. This rule is explicitly mentioned in Islamic Penal Code 1392, unlike the previous law. In previous articles and juridical rulings, causality relationship is a basis for liability; therefore there is doubt whether Ehsan Rule finally revokes medical liability or doesnchr('39')t obtain causality relationship.

This paper, in response to this question, separates medical liability to compensatory and non-compensatory liabilities. It determines the scope of this rule in these two areas and considers the good intention of a physician as the only factor of invalidity for his or her mandatory liabilities and deems Ehsan in his or her act as the cause of liability termination. Meanwhile by criticizing this view-independence of Ehsan Rule in liability termination-It is believed that the effectiveness of Ehsan Rule requires lack of causality relationship and supposes it effectiveness in relation to causality.

Please cite this article as: Sadeghi MH, Ghani K, Mirzaei M, Bagherzadegan A. Examination of Embryo and Gamete Cryopreservation Contracts: (Fundamental Conditions of Validity, Partieschr('39') Obligations, Sanctions and Dissolution Forms). Iran J Med Law 2016; 10(38): 73-104.

Type of Study: Original Article |
Received: 2015/10/31 | Accepted: 2016/05/19

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