Managing a person's property in a "vegetative state"
In vegetative state, a person seeks irreparable damage to the cells of his cortex and brainstem, in a state that, despite the ability to perform involuntary activities of the body, lacks any awareness and consciousness. Due to the fact that these people are considered alive and their inability to manage their property, it is necessary to think of a plan to manage their property. Given the lack of explicitness of the law in this regard, this study seeks to answer the question of how in the Iranian legal system, the management of individual property in “vegetative state"? The exclusion of these people has no legal basis and cannot provide the necessary protection for them; however, a person in the vegetative state can be considered as an example of people who are not incapable but need legal support to manage their property. It seems that until the amendment of the law, it can be suggested that the courts, with the unity of the criterion of the verdicts of the Incapables, determine the missing or incapable of administering the property of such trustees; However, in any case, the final solution is to amend Article 104 in future amendments to the non-Litigious jurisdiction act in such a way that it includes incapacitated persons who are unable to express their will.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.