Private Law
Nahid Safari
Abstract
Vegetative State is a type of brain damage that despite the death of the brain hemispheres, the brain stem continues to work. In this situation, the patient has no mental and cognitive function and is not able to consciously communicate with the environment. Due to the lack of relevant laws in this area ...
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Vegetative State is a type of brain damage that despite the death of the brain hemispheres, the brain stem continues to work. In this situation, the patient has no mental and cognitive function and is not able to consciously communicate with the environment. Due to the lack of relevant laws in this area in most legal systems, the legal aspects of this situation have not been adequately explained. The issue of the life or death of these patients is one of the important issues for explaining the legal status of patients in a vegetative state. In this study, according to the religious and jurisprudential concept of death according to the sanctity of the right to life and with the similarity with the regulations governing the incapacity, the view of being alive has been accepted and according to this view and with a comparative approach, the legal effects of vegetative state has been analyzed. The selection of a guardian and trustee and the transfer of financial affairs to them, the possibility of seeking divorce due to circumstances created by the spouse in a vegetative state, and the termination of personal contracts are the most important legal effects that have been accepted in this study
NAHID safari; Bizhan Haji Azizi
Abstract
Collective loss is defined as a loss in which it is not attributed to a specified person individually, but to the group of persons, so that nobody can treat himself as a main injured party. In Iranian legal system, although the collective loss is not recognized expressly in statute, but the civil liability ...
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Collective loss is defined as a loss in which it is not attributed to a specified person individually, but to the group of persons, so that nobody can treat himself as a main injured party. In Iranian legal system, although the collective loss is not recognized expressly in statute, but the civil liability rules prove that no loss can be left without compensation. Therefore, in collective loss, being an unlimited group should not destroy the right of claim and demanding damages of the injured parties. The necessity of attention to this loss is also emphasized in other legal systems. What makes the acceptance of this loss different is the determination of persons who have the right of the claim and demanding the compensation. There are different policies in the different legal systems, such as the acceptance of representative of some associations and the acceptance of claim by one of the injured parties. By conducting a comparative study under the legal systems of France, United States and Iran, this article will analyse the collective loss and different approaches recognised in different legal systems.
