Efficient Jurisprudential Rules on Compensating Harm Inflicted by Causes of Gradual Death

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Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Increasing the incidence of incurable illnesses, and consequently the gradual death of both, and the need to compensate for the damage caused by the principle of compensation, as well as ambiguity in existing laws, on the other hand, have led lawyers to resolve the problem in this regard. Since most of our country's legal rules and regulations are based on the rules of jurisprudence of the Imamites, these rules can be helpful in dealing with new problems, This article has been written using a descriptive-analytic study method with the aim of explaining and analyzing jurisprudential rules that can be used as a basis for compensating for the consequences of gradual deaths. Some consider the Principe of no harm as sufficient for proving indemnification, while this rule is set forth only to eliminate the harm, rather than proof of the bail. Rules of wasting and causation run in cases where damage entry is mediated without mediation. Some believe that the rule of deception applies only when a person intentionally inflict harm on others; however, this rule applies in both cases, whether the harm is inflicted intentionally or unintentionally. According to studies, Rules of wasting, causation and deception in the issue of compensating for the causes of gradual death are important factors that can be cited by these rules, individuals who are responsible for transmitting disease to other people, are responsible for the compensation.
Language:
Persian
Published:
Journal of Medical Figh, Volume:10 Issue: 34, 2018
Pages:
79 to 89
https://www.magiran.com/p1998642  
سامانه نویسندگان
  • Karimi، Nasrin
    Corresponding Author (2)
    Karimi, Nasrin
    Associate Professor Department of jurisprudence and basis of Islamic law, Qom Branch, Islamic Azad University, Qom, Iran
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