Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 95-110 |
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Zeighamzadeh M, Almasi N A, Bayati M H. Investigation of Unfair and Unfair Terms in Medical and Pharmaceutical Contracts. MLJ 2022; 16 (57) :95-110
URL: http://ijmedicallaw.ir/article-1-1176-en.html
URL: http://ijmedicallaw.ir/article-1-1176-en.html
1- Department of Law, Faculty of Law, Edalat University, Tehran, Iran
Abstract:
Background and Aim: Respect in the private profession of individuals is a principle that is mandatory in all countries. I have to note from time to time, the contract has been terminated in an unfair situation and there is one party who is forcing you, if you do not agree to change it, it is non-reciprocal using the obscene method and it is supposed to contain the unfair terms in your favor and it can not be distinguished from it. Because the balance during the justice contract is desirable. A clear example of this; A contract for the purchase and sale of rare drugs or a contract with a high salary in medicine can be. The purpose of this study is to examine this issue in order to improve law and justice.
Method: The subject of the research is descriptive and analytical. After studying the previous records, opinions and existing laws, the data are collected and analyzed in the form of rational and inferential reasoning. In this regard, it has tried to use the theoretical foundations, existing theories, principles and governing criteria.
Ethical Considerations: In the present study, ethical principles, honesty and trustworthiness have been observed.
Results: The findings indicate that the legislature should enact laws to establish contractual justice or interpret contracts in such a way as to reduce the unfair and unjust outcome as much as possible.
Conclusion: The legislator needs to enact more efficient laws to avoid unfair and unfair terms in the contract; While observing all legal rules; Does not modify or annul it and establish contractual justice between the parties to the contract.
Please cite this article as:
Zeighamzadeh M, Almasi NA, Bayati MH. Investigation of Unfair and Unfair Terms in Medical and Pharmaceutical Contracts. Medical Law Journal. 2022; 16(57): e7.
Method: The subject of the research is descriptive and analytical. After studying the previous records, opinions and existing laws, the data are collected and analyzed in the form of rational and inferential reasoning. In this regard, it has tried to use the theoretical foundations, existing theories, principles and governing criteria.
Ethical Considerations: In the present study, ethical principles, honesty and trustworthiness have been observed.
Results: The findings indicate that the legislature should enact laws to establish contractual justice or interpret contracts in such a way as to reduce the unfair and unjust outcome as much as possible.
Conclusion: The legislator needs to enact more efficient laws to avoid unfair and unfair terms in the contract; While observing all legal rules; Does not modify or annul it and establish contractual justice between the parties to the contract.
Please cite this article as:
Zeighamzadeh M, Almasi NA, Bayati MH. Investigation of Unfair and Unfair Terms in Medical and Pharmaceutical Contracts. Medical Law Journal. 2022; 16(57): e7.
Type of Study: Original Article |
Received: 2020/07/27 | Accepted: 2021/05/24
Received: 2020/07/27 | Accepted: 2021/05/24
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