Analysis and Review of the Conditions of Legitimacy of the Obligation in Medical Contracts with Emphasis on the Quran and Contemporary Law

The legitimacy of a condition in laws and law books means that the condition is not contrary to the rules of jurisprudence, public order and good morals. The contractual obligation or penal condition as a guarantee of contractual performance for the delay or non-fulfillment of the obligations contained in the contract, including medical partnership contracts, can be claimed when it has all the conditions of legitimacy. A comprehensive analysis of the terms of legitimacy of the contractual obligation in this study shows that although the appearance of Article 230 of the Civil Code has warned the judge of any change in its payment, but the judge can change the terms of its legitimacy. Or amend or sentence the obligee to the unjustified obligation.

This research has been carried out by the method of library studies and in a descriptive-analytical manner, which has been obtained and analyzed by referring to the Holy Quran and jurisprudential-legal evidences.

It seems that in a general conclusion, the most important conditions for the legitimacy of the obligation according to the Quranic, jurisprudential, legal principles and general principles of civil law are: the legality of the principle of the contract; Lack of usury (according to verses 278, 279 and 280 of Surah Baqara);

Fulfillment of initial obligations subject to the obligation; Lack of Cairo power in commitments to a result that is the subject of an obligation; The fault of the obligor in the obligations by the means which is the subject of the obligation; Excessive and unjust obligation (according to verse 8 of Surah Ma'idah), the possibility of the principle of obligation. Which the judge of the court should pay special attention to in the claims for the obligation.