List of Articles Consent

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  1 - Rational Fundamentals for Absoluteness of Collective Knowledge
  Seyed Abolqasem  Naqibi Mohammad Hossein  Soheily
  Abstract:The fundamentals of absoluteness of collective knowledge can be accurately explained in two separate categories: First, absoluteness of collective knowledge in rational terms, i.e. free from practical canonical principles. Second: Absoluteness of collective kno More

  Abstract:The fundamentals of absoluteness of collective knowledge can be accurately explained in two separate categories: First, absoluteness of collective knowledge in rational terms, i.e. free from practical canonical principles. Second: Absoluteness of collective knowledge in terms of Sharia law and with a view on those principles. This paper intends to study the first section. To that end, prohibition of the conclusive discord and the necessity of the conclusive consent has been studied. In the course of these discussions, it will become clear that although the prohibition of the conclusive discord is easily provable, proving of the necessity of conclusive consent has only two logical solutions: First, the rule of incumbency that is attributable only according to Mohaqeq Araqi’s theory of interpretation of collective knowledge. Second, absoluteness of the probability of religious duty in each segment of the collective knowledge that will be accurate only based on the negation of the rule of indecency of punishing the one who has not received the penal warrant. Also in this paper, attempts have been made to provide responses to the doubts posed by the opponents of the prohibition of the conclusive discord and the necessity of conclusive consent and the refutation expressed by Shahid Sadr to the rule of punishment of the one who has not received the penal warrant. Manuscript profile
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  2 - Explaining Consent and Assent in the Treatment of Children from the Perspective of Jurisprudence, Law and Medical Ethics
  Kourosh Delpasand Zahra Firouzabadi Ahmad Mashkoori Afsaneh Ghanbari Mohammad Nourian
  Background and aim: Health professionals have the ethical and legal duty to achieve the highest level of protection for the safety and health of children in medical interventions. Children have different mental and physical capacities depending on age, type of illness a More

  Background and aim: Health professionals have the ethical and legal duty to achieve the highest level of protection for the safety and health of children in medical interventions. Children have different mental and physical capacities depending on age, type of illness and disability. But the important point is to examine the age of the child from the perspective of jurisprudence, law and ethics. Therefore, the present article examines how the framework of Iranian law on obtaining consent from children in a variety of non-surgical and surgical interventions and determining the legal criteria for consent of the child and his or her legal guardians. Method: This research is based on descriptive-analytical method and based on valid library documents and resources. Results: When the parent of the child cares for his or her interests, he or she is the best decision-maker in the therapeutic process. When parents are concerned about the child's best interests, they are the best decision maker in the therapeutic process. However, in cases where the forced parent has a high risk behavior for the child and does not allow the child to take the necessary medical treatment, health professionals must apply for a permit through the Prosecutor's Office to obtain treatment. Conclusion: Consent and agreement in children is a continuous process and in therapeutic situations depends on the child's ability and understanding of the situation. In many therapies, involving children in decision-making helps them to participate in the treatment process. It is recommended to set consent rules for the treatment of children in a variety of non-invasive and non-surgical interventions and invasive and surgical interventions. Manuscript profile
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  3 - Evolution in the Pressure Tools of EU’s Human Rights: A case Study of the Generalized System of Preferences
   
  fundamental social values, but also is considered as a reference point for codes, ethics and standards of conduct expected in various international trade and businesses. The EU's behaviors as one of the main political-economic actors of capitalism are fundamental to res More

  fundamental social values, but also is considered as a reference point for codes, ethics and standards of conduct expected in various international trade and businesses. The EU's behaviors as one of the main political-economic actors of capitalism are fundamental to respect for human rights. Members of the Union have a long history of using political, military or economic and cultural tools against countries to persuade them to respect for human rights. The main issue of the present study is to examine the evolution of the pressure tools of EU’s human rights and its reflection on the mechanism of the Generalized System of Preferences (GSP). The key question is what evolution has happened to the pressure tools of EU’s human rights? The research hypothesis is that as the EU's human rights pressures take on an economic-political nature, along with the transformations in the world capitalist system. This bloc will try to persuade countries to adhere to global human rights by force and consent. In this vein, the EU uses the mechanism of the GSP as a soft and intelligent consent tool to put pressure on other countries in order to adopt the guidelines of the global human rights system. Manuscript profile
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  4 - Medical Liability Between Islamic Republic Of Iran And Italy
  Samad Golbandi Haqiqat
  10.61186/ahrar.45873.4.7.1
  Nowadays, medical malpractice is considered to be a current topic in law; however, there`s no unanimity as to its definition among different countries. Therefore in this article a comparative study of medical malpractice laws in Iran and Italy is presented. The goal of More

  Nowadays, medical malpractice is considered to be a current topic in law; however, there`s no unanimity as to its definition among different countries. Therefore in this article a comparative study of medical malpractice laws in Iran and Italy is presented. The goal of this article is comparing medical malpractice laws in Iran and Italy. It will study civil and criminal liabilities of the practitioner, the foundations of liability, the basics of practitioner’s liability, patient’s consent, practitioner’s duty in disclosing information regarding the illness and the side effects of treatments, and also governmental insurance coverage. The study shows that in both countries, the Theory of Commitment is considered as the criterion for causing liability, and the practitioner’s commitment in monetary matters is a obligation of means . Manuscript profile
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  5 - Effects of granting a grace period to the debtor by the court
  Mansoura Godarzi zohreh farrokhi
  <p>One of the results of the principle of unity of obligation implementation and its provisions is that the creditor cannot be forced to accept a part of the subject of the obligation, or to pay all or part of the subject of the obligation at a time other than the due d More

  <p>One of the results of the principle of unity of obligation implementation and its provisions is that the creditor cannot be forced to accept a part of the subject of the obligation, or to pay all or part of the subject of the obligation at a time other than the due date; Because paying the issue or a part of it outside of the stipulated time reduces its value and is detrimental to the creditor. A fair deadline is, in fact, a deadline set by the judge in order to take care of the debtor's situation and reduce the financial pressure on him, or to take care of the compromise and the situation and It gives him conditions and thereby stops the execution and coercion of the debtor, and on this basis, the fair deadline is considered as a means of softening the logical rules of law and making it compatible with the call of justice and fairness.Granting a grace period to the debtor by the court as a judicial grace period, compared to the statutory grace periods, due to the ambiguity in the effects of granting the grace period, although on the surface it causes damage to the rights of the creditor, but the fact is that the judge with Considering all the circumstances and conditions of the debtor and on the basis of justice dictates that this can be considered in the direction of securing the creditor's rights. In such a way that according to Articles 277 and 652 of the Civil Code, the granting of a grace period to the debtor by the court is based on the sovereignty and on the basis of gratitude and taking it easy on the debtor, but this is not the case in the granting of grace period to the debtor by the creditor. In the end, although the creditor's consent is not a condition for granting a grace period to the debtor by the court, but considering the circumstances of the case, the court was not indifferent to the creditor's conditions either</p> Manuscript profile