A comparative study of the Iranian and American legal systems' application of the principle of justice in drug and medical equipment contracts

 Due to the wide range of drug contracts and medical equipment available today, legislators must pay close attention to the formation of such contracts in order to ensure justice in this area. This amplifies the significance of the current study›s examination of such contracts. The goal of this article is to examine drug contracts and medical equipment contracts and show how the principle of justice affects these types of contracts in this field.

This research was organised using the descriptive-analytical method, which involved reviewing different sources, including books, papers, statutes and legal documents.

According to the study›s findings, Iran›s current laws do not include a comprehensive definition of pharmaceutical products and medical equipment. Furthermore, the regulations and organisations that govern pharmaceutical product advertising are lax, resulting in a slew of issues and difficulties in supporting and protecting drug and medical equipment consumers and vulnerable parties.

An examination and evaluation of the law of the Organization of the Medical System, as well as other relevant laws and regulations, reveals that information and insurance services are governed by provisions in Iranian law. A comparison of Iranian and US law in this area concludes that we can protect the weak side of the contract, ensure suppliers’ interests, and comply with justice in such contracts by accepting contract amendments, considering development risk rules, accepting the strict liability theory and anticipating the creation of a fund such as the Bodily Injury Fund to Special measures in Iranian law, among other basic steps.