نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشآموخته دکتری فقه و حقوق خصوصی، دانشگاه شهید مطهری، تهران، ایران.
2 استاد گروه حقوق اسلامی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران.
کلیدواژهها
عنوان مقاله English
نویسندگان English
Due to its ancient history and special criticality, the medical profession has always been accompanied with serious legal challenges in the balance of rights between the physician and the patient. It is for years that bona fide is being used as a criteria and a guarantee for the enforcement of law by the Iranian-Islamic jurists and law experts. Despite the fact that medical acts are considered bona fide in nature, in the judicial procedure and system of Iran, it is difficult to approve the good intention of all people rendering medical services. Therefore, despite a long history of bona fide and the liability of the physicians, a review of this principle in comparison with the Good Samaritan Law in Canadian law - as its common law likeness – could open new horizons to clarifying the liability of the physicians. According to the findings of this study, Good Samaritan Law is applicable as a liability outside the terms of the contract and only in emergency conditions and chiefly in the case of a non-physician. However, bona fide has a broader and more general coverage that can include – in case all requirements are met – all areas of liability of the physician. The demonstrable aspect of bona fide in creating rights for claiming a fee by the service provider is a strong point with this principle and a priority over the Good Samaritan Law.
کلیدواژهها English
