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
Ali Asghar Hatami; Neda masodi
Volume 1, Issue 1 , February 2013, , Pages 106-127
Abstract
The soul does its duties by brain which are foresight and
manipulation, therefore at the time of death, the soul leaves the body.
There is difference between death of organs and the whole body,
because some organs are still alive after death. This fact is the cause of
transplantation from dead bodies, ...
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The soul does its duties by brain which are foresight and
manipulation, therefore at the time of death, the soul leaves the body.
There is difference between death of organs and the whole body,
because some organs are still alive after death. This fact is the cause of
transplantation from dead bodies, particulary Brain dead
persons.Since the organs transplantation has the important role in
saving the patients, it is necessary to make informed the public about
it.
In addition of Recognition certain occurrence of brain death,
patient’s will or the assent of dead’s relatives is necessary requirment
for transplantation, so organs transplant is not legally possible in the
lack of these conditions, even though the death about to happen.
However some jurisconsults have different idea and believe that
mutilation is possible without testament or the assent of dead’s
relatives.
In accordance with the arthors’ opinion, moslem’s life is very
important, so it is necessary to provide the possibility of
transplantation in the lack of those requirments. In the other word, It
could be said that those conditions are only necessary when life of
organ depends upon transplantation.
This essay attemps to illustrate the foundations of transplantation in
addition to mention to the different opinions.
