CIVIL LIABILITY OF THOSE DECLARING BRAIN DEATH IN THE LIGHT OF ISLAMIC CRIMINAL ACT (2013)

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YAZDI KHADIJEH; GHOLAMI PAJI ALI

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: MEDICAL LAW Year:2016 | Volume:10 | Issue:38 Page(s): 105-122

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Information Journal Paper

Title

CIVIL LIABILITY OF THOSE DECLARING BRAIN DEATH IN THE LIGHT OF ISLAMIC CRIMINAL ACT (2013)

Author(s)

YAZDI KHADIJEH | GHOLAMI PAJI ALI | Issue Writer Certificate

Keywords

ISLAMIC CRIMINAL LAWQ3

CIVIL LIABILITYQ1

DECLARERSQ3

BRAIN DEATHQ2

Abstract

In accordance with Article 2 of the Executive Bylaw of Organ Transplantation Law, diagnosis and confirmation of BRAIN DEATH shall be made by a neurologist, an internist, and an anesthesiologist. On the basis of the CIVIL LIABILITY, those individuals who declare BRAIN DEATH; should indemnify the damages if they impose as a result of their diagnosis in this process. ISLAMIC CRIMINAL LAW 1375 (1996) in article 319 was absolutely adjudged doctors accountable; however, ISLAMIC CRIMINAL LAW 1392 (2014) in Article 495 has followed the theory of fault in doctors CIVIL LIABILITY. Therefore, the doctor can defense not fault, proved third person fault and invoke assignment to external causes. Based on Articles 158, 495 and 496 of criminal law in 2014, when was obtained consent; if they meet technical and scientific criteria in BRAIN DEATH diagnosis in the government system in BRAIN DEATH diagnosis does not accept responsibility; but in spite of consent, if they do not comply technical and scientific standards and government regulations, they will be held accountable.

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APA: Copy

YAZDI, KHADIJEH, & GHOLAMI PAJI, ALI. (2016). CIVIL LIABILITY OF THOSE DECLARING BRAIN DEATH IN THE LIGHT OF ISLAMIC CRIMINAL ACT (2013). MEDICAL LAW, 10(38 ), 105-122. SID. https://sid.ir/paper/195249/en

Vancouver: Copy

YAZDI KHADIJEH, GHOLAMI PAJI ALI. CIVIL LIABILITY OF THOSE DECLARING BRAIN DEATH IN THE LIGHT OF ISLAMIC CRIMINAL ACT (2013). MEDICAL LAW[Internet]. 2016;10(38 ):105-122. Available from: https://sid.ir/paper/195249/en

IEEE: Copy

KHADIJEH YAZDI, and ALI GHOLAMI PAJI, “CIVIL LIABILITY OF THOSE DECLARING BRAIN DEATH IN THE LIGHT OF ISLAMIC CRIMINAL ACT (2013),” MEDICAL LAW, vol. 10, no. 38 , pp. 105–122, 2016, [Online]. Available: https://sid.ir/paper/195249/en

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