فصلنامه حقوق پزشکی
پیاپی 19 (زمستان 1390)

Examination of the agreement between the patient and the physician for the benefit of the patient from medical services of the physician is the outset of legal analyses of their relation. Although the contract is not the sole cause for the creation of the legal relation، but a contract involving the patient’s permission has both graded and valued priority and more prevalence than legal permission. Determining the type of contract has not only authenticity and intrinsic value in legal theoretical discussions but also a great importance in respect of explaining attributes (rules)، conditions of conclusion and the identification of consequences. If the human will is the most important cause for the creation of legal entities and consequences، it must be placed within a frame recognized by the law. Any attempt for the explanation of the contract’s type is an attempt for the recognition of a legal frame that regulates the analysis of the conditions and consequences. Now، this frame may be definite or indefinite، but in any case the contract’s attributes and its condition of validity will be different from the analysis made on the nature of contract.

Answering sophisticated ethical questions and issues is among the debates encountered by the psychologists in their daily activities. Most psychologists deal with the professional activity aiming at and wishing to help the persons under treatment and to promote their comfort and welfare. It may be said that the psychologists never want that the clients، students، colleagues and other persons working with them are inflicted with any damage intentionally but it will be an incorrect assumption if we think that any mistake would never happen and there is always the possibility of mistake in any profession and the psychology is no exception in this respect. When encountering with challenging cases، the psychologist often have no choice other than to take an ethical decision. Confusion، pressure، neutralization، indifference، concern، logical reasoning and reasonable conversation are among general reactions to the difficult cases that we observe them during professional activities. The professional law and ethics are the benchmarks for the wrongness and rightness of the acts and behaviors performed and/or avoided from by the members of the society; the codification of the ethical codes is the guiding principles to proceed in this direction and the enactment of the laws and regulations governing on the subject explains the legal sanctions for them. Therefore، the prevailing order and discipline in the profession of psychology may be achieved by resorting to the legal rules and ethical standards. This paper has been written with the aim that the researchers make themselves acquainted with a knowledge and insight so that they may manage ethical shortages by a positive and constructive perspective and try for the welfare and comfort of their clients with complete sympathy and feeling of responsibility and have a humanistic behavior with them.

Today، the occurrence of mental and physical injuries by domestic violence against women is among the most frequent crimes committed in any society according to available statistics. This high rate of domestic violence against women undoubtedly requires the government intervention as an institution created to ensure the safety of citizens and their protection. Therefore، the present writing having a legal approach with a focus on the role of government in dealing with this type of violence، seeks to answer this question whether the traditional punishments such as imprisonment and fines are more appropriate to respond to this violence and/or the restorative justice as an alternative response to the traditional criminal justice. To examine this question، the present paper deals with the study of the philosophy of punishments at first and concludes that due to the internal conflicts and ignoring the victims، the retributionistic theories may not be regarded as an appropriate reaction against this damaging violence. On the other hand، the utilitarian opinions stress on imposing a reaction that is most useful for the most people affected; Thus، to find a reaction which creates the maximum benefit and restoration، it examines the existing results of applying the restorative justice in respect of the perpetrators of this violence، and ultimately concludes that because of positive outcomes، the orientation toward the restorative justice by the government is more justified compared with the traditional criminal justice

AIDS affects over 7400 people per day، more than 97% of which occurs in low and middle income countries. According to the statistics of the Health Ministry of Iran، the overall number of HIV+ in the country has been 20547 persons up to 22 December 2009. Injection addiction and sexual relationships accounted for (respectively) 70. 5% and 17. 9% of newly infected cases with HIV (814 persons) in 2009، that shows an increased transmission by high risk sexual behaviors. It should be considered as a serious alarm for the country against the intensification of AIDS’ undesirable impacts on the society. The aim of this paper is to study the legal challenges and unfulfilled wishes of the Iranian adolescents concerning AIDS so that the ground is brought about to prevent the increase process of its infection cases by presenting solutions if possible.

The consumption of drugs and narcotics is threatening all the societies as a serious problem. Bad and destructive effects of the consumption of drugs and drug addiction on the body and soul of the human has increased this concern and has increased this concern and caused the increase of the familial and social insecurity. In the present societies، drugs and narcotics are regarded as the origins of lots of misbehaviors، abnormalities and crimes. When sensitive، effective and important group of the society، i. e. teenagers are targeted by these problems، the importance of the issue and necessity of fighting against this dangerous disaster are multiplied. As in securing the physical and spiritual health، prevention is better than treatment، so we should also admit that to protect social expediencies، the prevention of crime would be better than punishment. Today، prevention in a broad sense includes all criminal and non-criminal measures to abort the causes of the crimes commission. Considering that to prevent from each event، identifying its causing factors and its consequences is necessary، so this paper intends to explain the approaches to the prevention of methamphetamine consumption by teenagers by indentifying the damages resulted from its usage and the factors causing its usage. Also، regarding the importance and effect of the field research in expressing different issues of this study، 100 male teenagers who were kept in quarantine part of Tehran House of Correction، waiting for their judgments were studied by interviews and filling out questionnaires. Methamphetamine consumption leads to physical، spiritual، social، economical and professional problems. Biological، personality، spiritual، cultural، social and economical factors have been considered as the instances of the causes of teenagers’ tendency toward methamphetamine consumption. But what are very important in legal and social survey are physical problems and the threat against public health and security and social problems including the increase of crimes against people and properties. Prevention approaches in two criminal and non-criminal ways are noticed by the criminal policymakers، but it seems that non-criminal approaches focusing on the individual، parents، educational setting، etc are more effective and appropriate for teenagers

By the progress of the medical and surgical science، the possibility to change the people''s sex from female to male and vice versa has been brought about and this change is made not only on the patients such as (bisexuals) but also on the healthy people. In this paper، the rules and consequences created by the sex-reassignment in the consanguineal and affinal relationships among the individuals have been discussed. The individual''s sex is generally the criteria for the attachment of duties. In case the aforementioned has already been married، as soon as the sex-reassignment is occurred، the former contract of marriage will be invalidated or terminated according to certain conditions. The sex-reassignment of a man to a woman will cause the waiver of all periods on her and the husband will be obliged to pay her marriage portion completely.