Volume 12, Issue 47 (Winter 2019)                   Medical Law Journal 2019, 12(47): 117-140 | Back to browse issues page

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Safari M, Akhoondi F. Comparative Study on Financial Consequences of Misrepresentation in Medical Fertilities in Iran and English Laws. Medical Law Journal. 2019; 12 (47) :117-140
URL: http://ijmedicallaw.ir/article-1-935-en.html
1- Department of University of Tehran, Tehran, Iran. (Corresponding author)
2- University of Tehran, Tehran, Iran
Abstract:  
Medical fertility faces many legal challenges, one of which is the occurrence of misrepresentation in the treatment process, which has many financial implications that are subject to ambiguities. These affects include alimony, inheritance, and all kinds of damages. This study uses a descriptive analytical method to explain any financial aspects of medical fertility and the findings of this research are as follows; Alimony can be paid by the deceiver because it has only material dimension. The inheritance of the child is due to the development of medical fertility with different perspectives. Because some believe that fraud in medical fertility leads to the illegitimacy of the child and the inheritance is consequently ruled out. On the other hand, a group also believes in the material support of the child and recognizes the inheritance between the Receiver and the child. But it seems that the general rules and principles of inheritance persist, and the child merely has an inherited relationship with whom that the origin of child descends to them and fraud does not affect much. Also, physical, material and spiritual damages to the pasties are also compensable. Material damage in medical fertility is compensable by paying the property. The spiritual damage to the child and the pasties should be compensated as well. Physical damage that affects the health of the mother or the child is usually compensated by the payment of the damage, unless otherwise appropriately compensated. In England, alimony and inheritance are not much challenged because the basis is the fertility contract and the consent. All types of damages caused by misrepresentation are also offset in this country.

Please cite this article as: Safari M, Akhoondi A. Comparative Study on Financial Consequences of Misrepresentation in Medical Fertilities in Iran and English Laws. Iran J Med Law 2019; 12(47): 117-140.
Type of Study: Original Article |
Received: 2018/05/14 | Accepted: 2018/10/22

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