Search Results/Filters    

Filters

Year

Banks




Expert Group











Full-Text


Author(s): 

RAHIMI H.A.

Issue Info: 
  • Year: 

    2008
  • Volume: 

    9
  • Issue: 

    2 (35)
  • Pages: 

    165-181
Measures: 
  • Citations: 

    2
  • Views: 

    2024
  • Downloads: 

    0
Abstract: 

Introduction: One of the methods used for the management of human infertility is using another woman’s uterus called a surrogate uterus or a rented womb which can be in full or partial modes. In full surrogacy, we do not use the gametes of the bearer woman but in the partial surrogacy we do.Materials & Methods: In this article we will study Civil responsibilities in full surrogacy. In other words, we aim to answer the question that in what conditions one is responsible for the damages of another person while on full surrogacy. We use Civil responsibility in its broad sense, including contract responsibility and tort. Since there are no special regulations for surrogacy in the Iranian Law, we will refer to general rules, Islamic Jurisprudence (Fiqh) and the laws of other countries to find the best solution for the problems.Results: For the validity of surrogacy contract, it is not enough to observe article 10 of the Civil code or the general rules of contract laws but it is necessary to ratify specifically addressed laws. In the mean time, the couples who want the child and the bearer and her husband (if she is married) must negotiate about all the issues and obligations so that the limitations and responsibilities of the two parties are reflected in the contract completely. On non-contract responsibilities, there is either no valid contract at all between the bearer of the damages and the person who is deemed responsible or there is no relation between the damages occurred and the breach of the contractual obligations but there is a breach of general duties and customs instead. The regulations relating to Civil responsibility are broad enough to include our subject too. As the surrogacy subject is rather new and customs have not been developed accordingly, problems are likely to arise where one can not determine the moment that faults occur.Conclusion: It seems that the Iranian Parliament should intervene and ratify certain laws and regulations for surrogacy, as surrogacy might have some social consequences with resultant problems if ignored or not addressed legally.

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

View 2024

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 2 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 2
Issue Info: 
  • Year: 

    2015
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    91-116
Measures: 
  • Citations: 

    0
  • Views: 

    1037
  • Downloads: 

    0
Abstract: 

Among sources for deduction of Islamic law, Quran, due to its immunity and definite authenticity, has a central and more important role than other sources and in addition to different doctrinal, liturgical, ethical and political matters a considerable attention has been paid to legal matters including the matter of Civil responsibility. Among different matters of Civil responsibility referred to in the Quran some verses provide a number of bases and evidences in the area responsibility among which prohibition of oppression, prohibition of causing loss to others, prohibition of taking possession of others unlawfully and the necessity of respecting physical, financial and spiritual rights of people can be considered Quranic bases of Civil responsibility.

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

View 1037

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2022
  • Volume: 

    15
  • Issue: 

    55
  • Pages: 

    701-720
Measures: 
  • Citations: 

    0
  • Views: 

    31
  • Downloads: 

    0
Abstract: 

Field and Aims: In the course of performing its duties, the municipality may cause damage to others, which is considered in the field of Civil responsibility. The legal basis for the Civil liability of municipalities is Article 11 of the Civil Liability Law approved in 1339. The main purpose of the rules of Civil liability is to compensate for the damages and repair the damages, and the municipalities are not exempted from this rule. What constitutes the subject of this article is the investigation of the Civil liability of related parties in constructions that lack technical, engineering and urban planning principles, therefore, while recognizing the responsible persons. In such projects, including the employer, contractor, supervising engineer and municipality, we intend to clarify and investigate the responsibility of each of these persons. Method: The present research was carried out using a descriptive and analytical method. Finding and Conclusion: The findings of the research have been carried out on the basis that the failure of the municipality in the implementation of legal duties in such a way as to cause the occurrence of an accident or its spread and damage to the lives and property of individuals, what responsibility does it bring, because the attribution of damage to each of Legal and natural persons are guaranteed in accordance with the general rules of Civil responsibility and in relation to the municipality according to Article 11 of the Civil Liability Law, therefore, with this definition, everyone must be responsible for their actions and compensate the damage they have caused to the third party.

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

View 31

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Author(s): 

Ghafari Roya | Abedi Mohammad | Khodabakhshi Shalamzari Abdollah | Ghabooli Dorafshan Sayyed Mohammad Mahdi

Issue Info: 
  • Year: 

    2023
  • Volume: 

    30
  • Issue: 

    24
  • Pages: 

    19-38
Measures: 
  • Citations: 

    0
  • Views: 

    66
  • Downloads: 

    0
Abstract: 

In compensating for damages, paying attention to the guaranteed rights victim and in examining the pillars of Civil responsibility analysis of the harmful act of the cause of the damage is the focal point. The economic analysis of law, with social engineering, to achieve social goals takes into account all actors and activists. This instrumental approach promotes the triple goals of prevention, distribution of damage and compensation. The condition of compensable loss such as predictability and directness and certainty and non-compensation of loss in legal analysis is based on fairness, ethics and justice. Every loss cannot be considered claimable, Civil liability must have a logical and fair limit and an unlimited liability cannot be tolerated. In economic analysis, the reduction of the final cost determines the characteristic of compensable loss and compensability of any loss is not reasonable and efficient. The economy is a guide in determining the fault of the harmful act by providing an objective criterion and makes the relationship of causality, contrary to the conventional concept, efficient, and. This relationship exists between the loss and the factor that avoids with less cost

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

View 66

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Author(s): 

GHESMATI TABRIZI ALI

Issue Info: 
  • Year: 

    2018
  • Volume: 

    9
  • Issue: 

    17
  • Pages: 

    181-208
Measures: 
  • Citations: 

    0
  • Views: 

    816
  • Downloads: 

    0
Abstract: 

The obligation to compensate damage, as the main goal of Civil responsibility, is an evident and global necessity. Nowadays, the extension of concept of damage and review of basis of obligation had led to the development of Civil responsibility. However, all the consequences of harmful act have not a similar character and thinking on this matter represents the difference between the natures of cases of compensation. Therefore, it appears that distinguish between the alimentary and reparation that doer is obliged to compensate. Although Civil responsibility in social transformation, has admitted the function of some other institutions, but the main goal of responsibility, is reparation and imposition of some costs on the cause of the accident make transformation in it’s compensatory role to obligatory function that is out of Civil responsibility. The separation of compensatory and alimentary obligation have different outcomes that their analysis can provide the goals in Civil liability, ensure the rights of the parties and social security.

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

View 816

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2009
  • Volume: 

    11
  • Issue: 

    3 (44)
  • Pages: 

    238-270
Measures: 
  • Citations: 

    0
  • Views: 

    1224
  • Downloads: 

    0
Abstract: 

Neglecting legal responsibility can cause damages in some professions, such as legal affairs or police operations. Although based upon general rules of responsibility, individuals should take the responsibility of their actions, in some countries people have specific immunities in these special professions. In the United States and British laws, immunity of police from Civil liability is recognized in some specific conditions. In Iran, there are not any rules or regulations about it and legal procedure has not found any opportunity to consider it seriously. The present paper investigates police Civil liability during care taking responsibility.

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

View 1224

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2019
  • Volume: 

    -
  • Issue: 

    19
  • Pages: 

    297-328
Measures: 
  • Citations: 

    0
  • Views: 

    2348
  • Downloads: 

    0
Abstract: 

the two jurisprudential principles that proposed as the basis of Civil responsibility are: customary invoking of the harm to the damaging and respecting of victim. The question is, which of these jurisprudential foundations can justify the liability which is a positive rule and the basis of Civil liability? By not accepting the opinion of those who considered the liability of the kinsman as a positive rule and considered it to be annulling of the theory of the customary invoking, this article has emphasized on imperative rule of the liability of the kinsman. The reason for not accepting the theory of customary invoking as the basis is the lack of providing a positive criterion and standard and confusion between the basis of Civil responsibility and one of its pillars (causality relation). In the following, by examining the traditional arguments of the respect, the extraction of the positive rule of liability from the verses such as “ the unlawful ownership” and the narratives such as “ the relevance of the believer’ s property is the same as his blood” is a perfect argument. By proving the domain of the theory of respect for physical, financial and spiritual damage to Muslims and non-Muslims, “ respect” has been accepted as a jurisprudential basis for Civil responsibility.

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

View 2348

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2009
  • Volume: 

    5
  • Issue: 

    14
  • Pages: 

    11-26
Measures: 
  • Citations: 

    0
  • Views: 

    3275
  • Downloads: 

    0
Abstract: 

Medical measures often have beneficial results for patients, but in some cases, it leads to patient's loss or death, although the physician does much effort and makes no faults.However, most of Imamieh jurists believe in physician’s Civil responsibility in this case. Some jurists consider it with no Civil responsibility according to beneficence rule, and it needs much thought on this rule with attention to these two different ideas.This article aims to study beneficence rule in physician's Civil responsibility according to different viewpoints of jurists and the obstacles of this rule execution. It is concluded that there is no general command for physician's beneficence, since it is based on common law. So, the physician's behavior toward patients and the intention may be considered beneficent or may not in different situations.There is no Civil responsibility in all cases that the physician is known beneficent, since Civil responsibility and beneficence cannot be (gathered) together and Ehsan Verse's language and style is common for this case.

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

View 3275

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 3
Author(s): 

MOHSENI FARID | ANSARI REZA

Journal: 

Legal Research

Issue Info: 
  • Year: 

    2019
  • Volume: 

    22
  • Issue: 

    86
  • Pages: 

    353-379
Measures: 
  • Citations: 

    0
  • Views: 

    2577
  • Downloads: 

    0
Abstract: 

Criminal responsibility and Civil responsibility are considered as two basic concepts in the field of law in most cases in the opposite of each other. . However, as a result of intermajor approaches, one can speak of the convergence between these two fundamental concepts. The starting point for the convergence between Civil and criminal responsibility in its constructive elements is to be explained. While in Civil liability, consist of a harmful act and having a damaging fault is responsible for his liability, in criminal law the existence of a criminal offense, the commission of criminal conduct and the acquisition of mens rea are a condition for the fulfillment of criminal responsibility. Examples of the relationship between Civil and criminal responsibility in the field of substantive criminal law is in the field of the punishment of non-intended crimes and the responsibility of the physicians. . According to the findings of this study, DIYE as a punishment of non-intended bodily harm is consistent with the concept of Civil responsibility. . In the form of procedural criminal law, the compensation plea is another obvious example of the interaction between criminal and Civil liability.

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

View 2577

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Journal: 

Medical Law

Issue Info: 
  • Year: 

    2024
  • Volume: 

    18
  • Issue: 

    59
  • Pages: 

    487-501
Measures: 
  • Citations: 

    0
  • Views: 

    80
  • Downloads: 

    0
Abstract: 

Background and Aim: Civil liability in the use of artificial intelligence (AI) in pharmaceuticals is a complex and important issue that is related to various rights and obligations in the field of manufacturing and distributing drugs. The present research, studies the Civil responsibility of using artificial intelligence in pharmaceuticals. Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles. Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected. Results: Artificial intelligence in pharmaceuticals may be used to analyze data and predict the effects of drugs. If the input data is incorrect or incomplete and results in erroneous results, it is possible that liability may arise for drug manufacturers, algorithm developers, or regulatory bodies. If an AI system mistakenly prescribes a drug and harms a patient as a result, software developers or doctors may be held liable. Conclusion: Deficiencies in monitoring can lead to liability for regulatory bodies. In many cases, companies enter into collaboration with AI technologies through agreements. The terms of these agreements can help determine responsibilities and obligations. The use of AI in pharmaceuticals also raises various ethical issues, including patient data privacy and fairness in treatment. Finally, given the rapid growth of AI technologies, there is a need for independent regulatory and legal frameworks to clearly define responsibilities and protect the rights of patients and consumers. Please cite this article as: Montazeri M, Shokrian Amiri H. Civil responsibility of Using Artificial Intelligence in Pharmaceuticals. Medical Law Journal. 2024; 18: e34.

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

View 80

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 2
litScript
telegram sharing button
whatsapp sharing button
linkedin sharing button
twitter sharing button
email sharing button
email sharing button
email sharing button
sharethis sharing button