Volume 10, Issue 38 (Autumn 2016)                   Medical Law Journal 2016, 10(38): 123-140 | Back to browse issues page

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Aghababaei Beni I. The Efect of Organ Transplantation on the Right of Retribution. Medical Law Journal. 2016; 10 (38) :123-140
URL: http://ijmedicallaw.ir/article-1-618-en.html
Department of Law and Islamic Jurisprudence, Islamic Sciences and Culture Academy, Qom, Iran
Abstract:  

Where a victim with the use of medical treatments reattaches the cut-off organ to his/her body, supposing that we recognize his or her rights in terms of legal and legitimate rights in the mentioned-matter, this raises a critical question that is whether his/her right of retribution still remains?

In response to this question, despite of the current, divergent views, it seems that by the occurrence of felony, the right of retribution for the victim is established and the use or non-use of organ reattachment has no effects on this right. Furthermore, this article concludes arguing that the effect of felony should remain to time of retribution and comparing the organ reattachment to tooth restoration, which causes deterioration of retribution rights, is not acceptable.

Please cite this article as: Aghababaei Beni I. The Efect of Organ Transplantation on the Right of Retribution. Iran J Med Law 2016; 10(38): 123-140.

Type of Study: Original Article |
Received: 2015/04/22 | Accepted: 2016/04/13

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