افسانه امیریان

The aim of this study was to investigate the civil liability of the government for death due to suicide in the military.

The research method is descriptive-analytical and the means of achieving the present research is based on the use of books and articles as well as laws related to the research topic.

In relation to Article (11) of the Civil Liability Law, in the first place, the damage caused to individuals due to government actions can be compensated when the damage is documented by government action. In other words, there must be a relationship between harmful action and damage. There must be a cause.Secondly, in the case of damages resulting from the exercise of sovereignty, if there are two conditions, the government will be exempt from compensation and compensation. The first is that the government should be in a position to exercise sovereignty, and the second is that this action should be done as necessary and in accordance with the law to ensure social interests.

According to the existing laws, physical and mental health as well as non-drug addiction in the field of general conditions of employment of permanent and contract staff in military personnel should be considered. In the case of conscripts, these cases are also considered and the conditions that endanger their physical and mental health are examined and corrected.

The medical staff can be divided into two groups: physicians or surgeons and other medical staff or non-medical staff. Physician or surgeon; The main task is to treat the patient and other medical staff act on their orders and under their supervision. The responsibility of the medical staff falls into two general groups: criminal liability, which covers most of the criminal aspects of the case, and civil liability, which is followed by compensation and financial compensation.The set of rules and regulations of all countries gives the patient the right to sue in connection with their health care, and as a result of this hearing, if it is proven that the patient's right has been revoked or he has suffered material and moral damage. And has suffered injuries, the importer of the loss is responsible for compensating all damages.In the Iranian legal system, the pillars of fulfilling the civil liability of the medical complex are: the occurrence of medical and therapeutic errors; Damage to the patient; Establishing the causal relationship between the error and the occurrence of damage.The Iranian legislature has paid attention to the loss of the chance of treatment and has referred to it in paragraph "f" of Article 18 of the Law on Medical and Pharmaceutical Affairs and Food and Beverage.

Civil liability is one of the most important issues in all jobs. Meanwhile, the importance of this issue in the medical profession is doubled, considering that the medical profession is related to the physical and mental condition of individuals from one perspective and on the other hand is part of the medical obligations that have moral aspects and public conscience. This issue has not been neglected in the knowledge of jurisprudence, and in the principles of Shiite jurisprudence, there are two views on the responsibility of the physician with the phrase "physicianchr('39')s guarantee". But others believe that the physician is not the guarantor in this case, and that their reason is based on the principle of innocence. In this qualitative article, the descriptive-analytical method and collection of information in the form of library and documentary views on jurisprudential and legal views on the civil liability of physicians and the guarantee of disciplinary, criminal and legal enforcement of medical violations will be examined. One of the most important results of this study is that in Islam, the good faith of the physician has been discussed and the physicianchr('39')s intention is to cure the patient, and if he commits an unintentional fault, he may be morally responsible, but he is responsible for compensation. There is no damage. Because the emphasis of the Holy Quran in the words "And we are on the good side of my mustache" and "the punishment of the good of the good except the good" is a proof of the good intention and the intention of the doctor. There is a difference of opinion among jurists regarding the responsibility of the physician, and the Islamic Penal Code recognizes the basis of the physicianchr('39')s fault, although this fault can be assumed and proven otherwise.

Today, in all parts of the world, including Iran, medical science has become specialized and systematic. Depending on the specific type of disease, each person should see a doctor related to that disease. Since the patient's unhealthy and damaged mental and physical condition has caused him to trust only his physician, the discussion of ethics and the rights and obligations of the parties will also be discussed here. Perhaps in the past, the patient could generally complain or criticize his doctor, but today this issue has been raised in various forms of criminal and legal law in the world, including our country. Accordingly, the physician is morally, legally, and contractually responsible for the patient, and violating it is a crime in its own right. In some cases, in addition to benefiting from medical science and its treatment, the patient will have other rights, including knowledge of how the treatment process will be conducted, how the physician will communicate with him, and how he will be informed about financial matters. In this article, in a descriptive and analytical way, we will try to explain and analyze the process of physician's obligations in order to inform the patient about the treatment process and its contract.

Today, couples with infertility treatment conditions are divided into four categories according to the type of treatment method, which includes: sperm donation, egg donation, embryo donation and rental uterus. Each of these methods also faces its own jurisprudential and legal challenges. In this article, we try to examine the jurisprudential and legal aspects of sperm donation. Compared to the last four methods, the two methods of embryo donation and uterine uterus faced the least challenges and problems in jurisprudence and law, but sperm donation is still controversial in terms of jurisprudence and law. Issues such as inheritance, paternal and maternal relationship, inheritance from sperm donation and from a jurisprudential point of view have not yet been resolved. The issue of fertility and sanctity of fertility through donated sperm is also one of the new issues that is being studied by mujtahids with ijtihad as one of the characteristics of Shiites. The present article, with its jurisprudential and legal approach, seeks to examine the dimensions, challenges and effects of sperm donation.