Search Results/Filters    

Filters

Year

Banks




Expert Group











Full-Text


Author(s): 

RAMSAY I.

Issue Info: 
  • Year: 

    1995
  • Volume: 

    15
  • Issue: 

    2
  • Pages: 

    177-197
Measures: 
  • Citations: 

    1
  • Views: 

    183
  • Downloads: 

    0
Keywords: 
Abstract: 

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

View 183

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

طب و تزکیه

Issue Info: 
  • Year: 

    0
  • Volume: 

    -
  • Issue: 

    41
  • Pages: 

    97-103
Measures: 
  • Citations: 

    0
  • Views: 

    1509
  • Downloads: 

    0
Abstract: 

پزشکان و صاحبان حرف پزشکی معالج که دارای اجازه طبابت می باشند، در صورت رعایت عدم موازین علمی و فنی و نظامات دولتی (بطور جمع و یا هر یک از آنها بطور جداگانه) برحسب میزان و درصد سهل انگاری و یا قصور انجام شده، مسوول پرداخت خون بهای بیمار یا دیه او خواهند بود.هر نوع درمان و عمل جراحی مشروع که با انگیزه شفای بیمار و با رعایت موارد فوق الذکر انجام گردد و قبل از آن رضایت بیمار و یا اولیای وی اخذ شده باشد و هیچ گونه بی احتیاطی و بی مبالاتی انجام نگیرد. به استناد بند دوم ماده 59 و ماده 60 و ماده 322 قانون مجازات اسلامی مصوب 1370 که قانون گذار رضایت بیمار و یا اولیای وی را شرط صحت عمل پزشک و یا جراح دانسته است با اخذ اذن و برائت نامه از بیماران و یا اولیای آنها در مورد غیراورژانسی، پزشکان را بری الذمه خواهد نمود مسلم است که اگر پزشک و یا جراح از اخذ رضایت نامه مذکور که بایستی آگاهانه (Informed consent) نیز باشد امتناع ورزد، عملش واجد وصف مجرمانه بوده و از نظر قانونی قابل تعقیب و مجازات می باشد. علاوه بر موارد قانونی فوق الذکر از بند سوم ماده 42 قانون مجازات عمومی اصلاحی سال 1352 نیز می توان استنباط کرد که هر نوع عمل جراحی یا طبی که با رضایت صاحبان حق و با رعایت نظامات دولتی انجام شود فاقد وصف مجرمانه خواهد بود و بدین ترتیب نه تنها پزشک مسوولیت کیفری نخواهد داشت، بلکه مسوولیت مدنی نیز منتفی خواهد بود.

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

View 1509

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: 

ETHICAL RESEARCH

Issue Info: 
  • Year: 

    2019
  • Volume: 

    10
  • Issue: 

    1
  • Pages: 

    183-204
Measures: 
  • Citations: 

    0
  • Views: 

    468
  • Downloads: 

    0
Abstract: 

The concept of ethics and moral virtues is one of the most complex concepts in practical philosophy. Topics related to human nature and basic human needs will never obsolete, old and non originality. Ethics is one of these issues, and since some emerging phenomena have entered into the our business world with a new face, it’ s need to note to human and moral aspects, which undoubtedly have many legal requirements in the legal relationships among people, including Consumer contracts and consumer contracts are rooted in ethical principles. Theology, anthropology, nature, dignity and self-esteem, justice, goodwill, ethical indecency and etc. are among the bases in relation to consumer law. The purpose of this research is to explain and analyze the foundations mentioned in Islamic law.

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

View 468

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): 

Taghipour Darzi Naghibi Mohammad hossein | Moslemzadeh Fatemeh | Taleghan Ghafari Mehdi

Journal: 

CIVIL LAW KNOWLEDGE

Issue Info: 
  • Year: 

    2023
  • Volume: 

    12
  • Issue: 

    23
  • Pages: 

    19-34
Measures: 
  • Citations: 

    0
  • Views: 

    26
  • Downloads: 

    0
Abstract: 

Often in economic relations, there is no economic balance between producers and consumers, and in many cases the rights of consumers are harmed. The laws regulating private relations between individuals, especially the civil law, due to its general nature compared to many other laws, only state the general rules and principles and leave attention to the details to specific laws or the rules that Its existence seems necessary in the relationship between producer and consumer, it is silent. Identify the supporting rules. In this regard, firstly, the cases of this law which are also taken into consideration in the civil law, and then the cases which are specific to the law under discussion and mentioned for the first time in this reference are stated. The result of the research shows that despite the existence of similar rules between the civil law and the consumer rights protection law, such as the need to compensate for damages and the method of action regarding defective goods, other rules such as the need for a warranty, the concept of collusion, determining punishment for Damage caused by defects, the need for a standard, the prohibition of forced sales, the need to have an authorized representative or repair shop, the need to affix product labels, the need to form associations to protect consumers' rights, the need for monitoring and inspection, and joint liability can be considered as specific rules of the law. Protection of consumers, and the innovations of this law compared to the civil law.

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

View 26

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: 

    2025
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    38-52
Measures: 
  • Citations: 

    0
  • Views: 

    8
  • Downloads: 

    0
Abstract: 

Consumer law is an innovative branch of law that began to develop in the second half of the 20th century. The creation and evolution of consumer law show the result of the political desire to develop and promote the rights and interests of consumers as the main players in the market. Therefore, the study aimed to identify and analyze the factors affecting the protection of Iranian sports products' consumer law. The research approach was qualitative with a grounded theory method. 13 experts including sports law and marketing experts, retailers, wholesalers, importers of sports goods, and manufacturers of sports goods and equipment, were chosen purposefully as participants. The sampling continued until data saturation. In addition to the interviews, 12 articles, 1 thesis, and 2 books were used to collect data. After data analysis, 59 initial codes, 9 subcategories, and 3 main categories (basic consumer rights, consumer's personal beliefs, and underlying elements of consumer protection) were identified. In general, the government's support and the supervision of the legal and regulatory institutions on the performance of manufacturers, suppliers, and sellers of Iranian sports products had a significant impact on the protection of the consumer law. Iranian consumers support Iranian sports products when they know that their rights are fully respected, and then they will buy and use Iranian sports products with more confidence.

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

View 8

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: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2023
  • Volume: 

    53
  • Issue: 

    2
  • Pages: 

    323-347
Measures: 
  • Citations: 

    0
  • Views: 

    67
  • Downloads: 

    15
Abstract: 

Abstract Today, the attractiveness of contracts regarding consumer rights is related to their formal aspect. The rules and regulations regarding consumer rights in France have grown in the shadow of two important laws: the old civil law approved in 1804 and the new one approved in 2016. Commercial law and its regulations are constantly evolving. At first, consumer law regulations were only considered as a supplementary source of contract law (Rzepecki, 2015: resume) and gradually its rules became original to the extent that in some cases it became a source of inspiration for other fields (Julien, 2019: Résumé). As will be seen in Iranian law, there are laws such as the Car Consumer Protection Law approved on 1386/23/3, the Consumer Protection Law approved on 8/2/1388, the Electronic Commerce Law approved on 10/17/1382, the Building Presale Law approved on 12/ 10/1389, the country's trade union law approved on 12/24/1382, the country's monetary and banking law approved in 1351 with subsequent amendments, the usury- free banking operation law approved in 1362, the government punishments law approved in 1367 with subsequent amendments. They are considered a turning point in the history of consumer rights in Iran. In the reliminarynegotiations, the consumer was very weak in front of the contractual party,and this caused the stronger party to take the initiative in determining the rights and obligations of the parties, and the text of the predetermined contract containing its desired terms in front of they used to be consumers and behaved like lions and rabbits towards their weak side and drew the line of justice (Kirimi, 2016: 76). Previous articles and researches have focused on the analysis and review of the content of clearly imposed terms to ensure equality between the rights and obligations of the parties and emphasize the need for judges and legislators to intervene in ordinary laws and the constitution to create a contractual balance through the annulment of imposed terms. There is a research gap regarding the secret imposed conditions (Sardoui Nesab and Kazempour, 2013: 75 p. 37; Taghizadeh, 2014: 10 p. 9; Amini, Mansour; 2011, p. 59; Asadi, Passapour, Badini; 2017: 23; Nabizadeh Kabria; 1399: 18; Isaei Tafarshi, Ayin Alireza; 1396: 4; Elahian; 1392: 1). The research question is what is the meaning of hidden imposed conditions and what are their examples in Iran's consumer law and what is the ruling of the legislator regarding this category of conditions? The new approach to the freedom of contracts in consumer law to fight against the content of the imposed contract prompted professionals to change their position and turn to the formal aspects of the contract in such a way that today the appeal of consumer law is flexible to the formal aspect of the contract. In French consumer law, a list of black-and-gray conditions was compiled in 11 cases. In Iran, hidden imposed terms were identified in 6 cases in two ways: inclusion in the text of the contract, such as illegible, small, ambiguous terms, and inclusion outside the text of the contract, such as terms inside the packaging of goods and software products, in the middle and margin of the contract. In France, Article 1171 of the Civil Code approved in 2016, has declared the sentence of imposed conditions to be considered unwritten" as having the effect of invalidity, and at the same stage of the legislation, it specified their sentence and has the advantage of avoiding the high involvement of judges in the form and content of the" contract and as a result, the difference of opinion of the trial courts has been prevented. Considering the emphasis of the present research on the formal aspect of imposed conditions, as explained in the  conclusion section of the article a proposal was made to amend Iran’s, Consumer Protection Law.

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

View 67

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 15 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): 

Farahmand Farid

Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2023
  • Volume: 

    20
  • Issue: 

    2
  • Pages: 

    335-346
Measures: 
  • Citations: 

    0
  • Views: 

    95
  • Downloads: 

    19
Abstract: 

Misrepresentation, indeed, by some justifications, faces diverse meanings in Iran and English law. It has been decades that English law discovered the doctrine of "misrepresentation" from common sense. On the other hand, Iran's civil law, which gives little value to pre-contractual negotiations and has accepted the tort categories in a limited and inflexible manner, despite the fact that it ignored the general rule regarding misrepresentation of through the Civil code of Iran, nevertheless, the new perspective of the legislator in the Consumer act is that many of the types of statements that lead to misrepresentations such as mere-puff or silence have been encountered as actionable false advertisements. In this paper, the centralized question is within Art 19 and 7 of the Iranian Consumer Act which provides penalties for advertisers in contracts B2C. The author suggests the same common method regulations for Iran and proposes preventing from including puffs, future, intentions, and silence in the scope of misrepresentation. this study aims to evaluate the system’s legal systems perspectives on the types of misrepresentation. Therefore, the types, for instance, puffing, silence and etc., have been examined in a comparative manner so the researchers may have looked at both legal systems.

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

View 95

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 19 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: 

Issue Info: 
  • Year: 

    2020
  • Volume: 

    23
  • Issue: 

    4 (106)
  • Pages: 

    149-173
Measures: 
  • Citations: 

    0
  • Views: 

    345
  • Downloads: 

    0
Abstract: 

In Imamiyyah jurisprudence, the manufacturer of unsafe medicinal products should be held accountable, based on general rules such as waste and harm. EU law also provides for severe and effective sanctions as well as deterrents. Iranian law also needs to be upgraded, and the applicable safeguards in the laws should be amended and modified in order to strengthen its deterrence. In the EU, the supplier must provide information on unsafe medicines to reduce the risk of harm caused by unsafe drugs distribution, which is the obligation of the manufacturer based on the Rule of Tolerance in Imamiyah jurisprudence. In the European Union, the manufacturer of pharmaceutical products should reduce the scope for misuse of its manufactured drugs. It also promotes consumer confidence in the health of pharmaceuticals by establishing institutions such as the possibility of extradition and exchange of goods, to increase consumer safety, and in the in the European Union, there is also a special regulatory system for pharmaceutical manufacturers which is distinct from other regulatory systems that protect the consumer rights of other products are separate. Iran's law, in support of the consumer's rights to medicinal products, should be established by the principles and principles of common jurisprudence, by observing the institutions and recommendations of EU law and by observing their domestic laws.

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

View 345

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: 

CIVIL LAW KNOWLEDGE

Issue Info: 
  • Year: 

    2020
  • Volume: 

    8
  • Issue: 

    2 (16)
  • Pages: 

    56-66
Measures: 
  • Citations: 

    0
  • Views: 

    468
  • Downloads: 

    0
Abstract: 

The importance of consumption as well as consumer as a factor in consumption in the economy is important And since it is not consumed, the production cycle will be stopped Therefore, all economic activities are based on satisfying needs and satisfying consumers. A consumer who is not a specific person or group of people and has a broad concept, In the word means spending and spending And in the legal term is the person who supplies goods or services to his or her own or others' personal and non-commercial use, or uses his or her own right or authority. In examining the consumer concept, which is the subject of European directives and the French and England law, Important issues of assigning or not assigning the word consumer to the real person and selling is raised Which deserves to be reviewed And does the consumer's intention to supply goods or services have any effect on his perceived as a consumer? In response to these issues, different procedures have been taken by the above-mentioned regulations So that we can not extract a decisive solution from these legal systems. In our opinion, the concept of consumer is both real and legal And there is no need for a sales contract to be subject to consumer protection regulations It includes all the contracts But the necessity of the purpose of personal and non-commercial (non-professional) consumer use is essential.

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

View 468

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: 

    2020
  • Volume: 

    17
  • Issue: 

    1
  • Pages: 

    57-66
Measures: 
  • Citations: 

    0
  • Views: 

    381
  • Downloads: 

    0
Abstract: 

Background and Objectives: Since the blood product should be in certain conditions from the time of blood donation to injection to the patient, the necessary care should be taken and certain monitoring of blood should be made. Therefore, medical personnel should be expert in blood transfusion science, which has many importance in Iranian law and Imamie jurisprudence. Materials and Methods: The present research methodology is descriptive-analytical and based on the library analysis of legal regulations and jurisprudence. Results: In Imamie jurisprudence, there should be three rules that include: Indulgence (presentation of necessary warnings to medical staff and transfer of education to blood-borne patients), the need for the elimination of probable losses (the need to provide training to reduce the probable potential losses due to the ignorance of the medical staff of the transfer of blood), as well as the requirement to warn al-Jahal (medical staff) that should be trained in curative care about the blood that is in their care. Conclusions: The basis of consumer include: the need to attract trained people in the blood center, the need to use the trained personnel in the quality assurance section, to establish a general educational program for the whole blood transfusion department, the need for training the Central Transfusion Committee (CTC), the Senior Medical Assistance Commitment to Provide Training, which can be considered as the most basic legal basis for the expertise of medical personnel for transfusion medicine.

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

View 381

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 1
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