DOI: https://doi.org/10.32461/2226-3209.1.2018.178785

CIVIL LIABILITY OF THE INCONCLUSIVE CAUSALITY OF THE MEDICAL TEAM IN IRAN, INDIA AND BRITAIN

Ali Ravanan, Seiyed Mahdi Mir Dadashi, Mohammad Sadeqi, Ebrahim Delshad Ma’aref

Abstract


Abstract. Statement of Problem and Research Questions. In the legal system of Iran, India, and England (Common Law), the issue of Tort committed by the medical team happens when in reality, there is the knowledge of damage inflicted by several causes, however it is not clear which cause has caused the damage. In the Iranian law, there have been suggested several ways for determining the liability of damage compensation such as the implementation of the right of choice in the cases of tort, the sentence establishment of the jurists as a rule, drawing, Citation to judicial circumstantial presumption, Compensation from public funds, treasury, Execution and aggregation of two conflicting
sentences, Risk theory, presumption of responsibility, and the application of great judge authority, and in the Penal Code of 2015, the liability is equal. In the Indian Law, in terms of tort law in civil liability, there have not been offered any specific sentences. However, in the section 43 of the Contractual Law of 1872 on compensation of the shared damages in which the share of the parties is not determined, they are equally responsible for damage compensation, but in case one of the parties is deceased, the other party will be responsible for the compensation.


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References


Amiri Ghaemmaghami, Abdul Majid, 1999, Law of Obligations, First Edition, Tehran, Mizan Publishing.

Badini, Hassan, Civil Society Philosophy, 2005, First Printing, Tehran, Publishing Stock Company.

Bazgir, Yadollah, 2002, The Law Reflected in the Sentences of the Supreme Court, Academic Publishing.

Jafari Langroudi, Mohammad Jafar, 2009, Terminology of Law, Twenty-first Edition, Tehran, Ganj Danesh Publications.

Darabpour, Mehrab, 2011, Non-contractual liability for Compensation of damages and privileges, Second edition,

Tehran, Majd Publications.

Shirvani, Ali and Gheraviyan, Mohsen, 2004, Translation of Principles of Inference, Volume I, First Printing, Qom,

Daral-Fakr.

Shahri, Gholamreza (From 1980 to 1991), Opinions of the Judiciary's Legal Department, Volume I, Theory No. 7527/7

dated 08/06/1989.

Safaee, Seyyed Hossein and Ghasemzadeh, Seyyed Morteza, 2003, Civil Rights of Persons, Eighth Edition, Tehran,

SAMT Publishers.

Safari, Mohsen, 2000, Civil liability in Torts, Journal of Faculty of Law and Political Science, No. 49.

Ghasmzadeh, Morteza, Principles of Civil Liability, Second Edition, Mizan Publishing, Tehran, 2006.

Gholizadeh, Ahmad, 2000, Glossary of Jurisprudence Principles, Volume I, First Printing, Tehran, Noor Al-Asfia.

Lankarani, Fazel, 1998, Full Introduction of the Principles of Jurisprudence, by the efforts of Mohammad Dadsetan,

Vol. 12, First Printing, Qom, Islamic Publishing House, in association with the Teachers' community.

Katouzian, Naser, 2006, Proof and the Reasoning of Proof, Volume II, Third Edition, Tehran, Mizan Publishers.

Katouzian, Naser, first semester of 2000, adaptation of comparative civil responsibility course, private law Ph. D

Course.

Kazemi, Mahmood, 1998, "The effects of loss satisfaction on civil liability", Master's degree in private law thesis,

Tehran University Press.

Karami, Mohammad Bagher, 1998, Collection of jurisprudential documents and opinions of the Legal Department on

Murder, First Printing, Tehran, Ferdowsi.

Karimi, Hussein, 1986, Judicial Standards from Imam Khomeini's Point of View, Volume I, First Printing, Qom,

Shakoori.

Gorji, Abolghasem, 2001, Papers of Criminal Law Magistrate Criminal Law Courses, University of Tehran.

Mohammadi, Abolhassan, 2011, Rules of Jurisprudence, Twelfth Edition, Tehran, Mizan Publishing.

Marashi, Seyyed Mohammad Hassan, 1986, Explanation of the Law of Punishments and Qisas, First Edition, Tehran,

Ministry of Islamic Guidance.

Makarem Shirazi, Nasser, 1991, The rules of jurisprudence, Volume I, Third edition, Qom, Alamam Ali ibn Abi Talib

(AS) school.

Mir Mohammad Sadeghi, Hussein, 2013, Crimes against individuals, 11 th Ed., Tehran, Mizan Publishers.

Raee, Masoud, Sharifian, Ali, 2011, Culpability in Civil and Justice, Journal of Law, No. 1, pp. 96-95.

Safaei, Seyyed Hossein, 2009, Civil liability in the causation of tort (comparative study), Quarterly journal of legal

research in Qom.

Mohseni, Hassan, Moradi Nezhad, Reza, 2010, Comparative Study of Compensation for torts and damages with

unknown responsible, Journal of Law and Political Science, Volume 40, Issue 1.

Akhund Khorasani, Muhammad Kazem bin Hassin, 1988, Kafayah al-Islam, the first chapter, Ahkul-Bayt Foundation.

Amoli, Mihaqeq Naeini, Sheikh Mohammad Taghi, 1994, Al-Makasib al-Bei’a, Volume II, First Printing, Qom, Islamic

Publishing Institute.

Ansari, Morteza bin Mohammad Amin, 1995, Faraed al-Asl, Volume I, fifth edition, Qom, Al-Nashr al-Islami Institute.

Ansari, Morteza bin Mohammad Amin, 1994, Al-Mekhasb, Volume 5, First edition, Qom, World Congress on the

commemoration of Sheikh Azam Ansari.

Bojnourdi, Seyyed Mohammad Hossein, 1998, Al-Qawaed al-Fiqahiye, Volume II, First edition, Qom, Nashr al-Hadi.