Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 125-140 |
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Mirhashemi Z S, Asvadi Razlighi B. Alzheimer's Patients in Commercial Law. MLJ 2022; 16 (57) :125-140
URL: http://ijmedicallaw.ir/article-1-1026-en.html
URL: http://ijmedicallaw.ir/article-1-1026-en.html
1- Department of Islamic Law, Faculty of Theology, Alzahra University, Tehran, Iran
2- Jurisprudence and Law, Alzahra University, Tehran, Iran
2- Jurisprudence and Law, Alzahra University, Tehran, Iran
Abstract:
Background and Aim: Although the number of people with Alzheimer's disease is increasing worldwide, unfortunately, the rulings of Alzheimer's patients in the field of commercial law are not only not explicitly available in law, but there are few articles and research in this field. Since the set of rules that make up commercial law are governed by the headings, commercial activity, merchants, bankruptcy and cheque, the issues are whether a person with Alzheimer's disease is a merchant, the bankruptcy of a merchant and The validity of his signature in commercial documents and his responsibilities is more ambiguous and need researches.
Method: In the present study, an attempt has been made to collect information in a library manner and using a research model to describe and analyze information, with a full explanation of the stages of Alzheimer's disease progression and patient conditions at each stage, Examine the possibility of applying any subject as an example of general legal rules and the sentence should be inferred and extracted by matching the patient's condition with the generality of the legal issues.
Ethical Considerations: In Order to Organize this Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.
Results: The ruling of Alzheimer's patients in the field of commercial law are not explicitly mentioned in the law; The issue of Alzheimer's patients' relationship with commercial companies is not particularly ambiguous and its rulings can be easily deduced, while the issues of being a businessman and a bankruptcy trustee of a person with Alzheimer's disease and the validity of his signature and responsibility in commercial documents require legal research and reflection.
Conclusion: According to the patient's condition in the fifth, sixth and seventh stages of Alzheimer's disease, the person is insane and therefore, he cannot be considered a merchant, his bankruptcy cannot be declared and his Signature in commercial documents is invalid. In the third and fourth stages of the disease, in our opinion, the patient is considered an idiot and according to the doctrine of commercial law, there are two different opinions about considering an idiot a merchant and issuing a bankruptcy order and his signature is also ineffective in commercial documents.
Please cite this article as:
Mirhashemi ZS, Asvadi Razlighi B. Alzheimer's Patients in Commercial Law. Medical Law Journal. 2022; 16(57): e9.
Method: In the present study, an attempt has been made to collect information in a library manner and using a research model to describe and analyze information, with a full explanation of the stages of Alzheimer's disease progression and patient conditions at each stage, Examine the possibility of applying any subject as an example of general legal rules and the sentence should be inferred and extracted by matching the patient's condition with the generality of the legal issues.
Ethical Considerations: In Order to Organize this Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.
Results: The ruling of Alzheimer's patients in the field of commercial law are not explicitly mentioned in the law; The issue of Alzheimer's patients' relationship with commercial companies is not particularly ambiguous and its rulings can be easily deduced, while the issues of being a businessman and a bankruptcy trustee of a person with Alzheimer's disease and the validity of his signature and responsibility in commercial documents require legal research and reflection.
Conclusion: According to the patient's condition in the fifth, sixth and seventh stages of Alzheimer's disease, the person is insane and therefore, he cannot be considered a merchant, his bankruptcy cannot be declared and his Signature in commercial documents is invalid. In the third and fourth stages of the disease, in our opinion, the patient is considered an idiot and according to the doctrine of commercial law, there are two different opinions about considering an idiot a merchant and issuing a bankruptcy order and his signature is also ineffective in commercial documents.
Please cite this article as:
Mirhashemi ZS, Asvadi Razlighi B. Alzheimer's Patients in Commercial Law. Medical Law Journal. 2022; 16(57): e9.
Type of Study: Original Article |
Received: 2019/09/29 | Accepted: 2021/06/8
Received: 2019/09/29 | Accepted: 2021/06/8
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