Title of article :
Civil Liability of Transmission of Dangerous and Contagious Diseases in Jurisprudence and Islamic Rights
Author/Authors :
Rezagholi، Hamidreza نويسنده Department of Law, Islamic Azad University, Science and Research Alborz Branch Alborz, Iran Rezagholi, Hamidreza
Issue Information :
روزنامه با شماره پیاپی 0 سال 2015
Pages :
4
From page :
289
To page :
292
Abstract :
The transmission of communicable diseases and dangerous like HIV and B, C Hepatitis, Several factors are involved. The extents of the involvement of these factors are not of equal responsibility, each function has its own rules and conditions. Transfusion center, where tainted blood is injected into healthy persons, A doctor who has prescribed to infected into healthy persons, A doctor who has prescribed to infected blood and injects it, Even dentistry using non sterile equipment provides the transmit side, The cause of the accident that caused the injury suffered and the need to have blood injection, The government is responsible for the preparation and distribution of blood products is considered as a public service, Or the direct cause of the Transfer such as a whore with no morals, Addicts who are not aware of their infection to HIV virus, more and more, Can all be assumed guilty and responsible. Basis of their responsibility are not the same and the limits of responsibility of all cannot be explained by a same theory. In this regard, certainly one of the most important civil rights issues that are raised is civil liability and compensation for rights issue. The question related to one of the indicators of compensation Law: The legal basis for civil liability transfer agents of disease is the fault theory or dangerous or Guarantee the right or the combination of them? The results of this study show the closest thing that could be causing the transmission of contagious and dangerous diseases; we can find cause and fault relation through discussion. What is important is that we can find the guilty by Fault and Couse relation theory, not by other legal topics.
Journal title :
International Journal of Economy, Management and Social Sciences
Serial Year :
2015
Journal title :
International Journal of Economy, Management and Social Sciences
Record number :
1983823
Link To Document :
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