Possibility demand of birth and life damages and pillar of liability (Comparative study)

Document Type : Research Paper

Authors

1 PHD Candidate, Private Law, University of Qom, Qom, Iran

2 Assistant Professor, Department of Private Law, University of Tehran, Tehran, Iran

Abstract

Death is not the worst accident but sometimes Birthday turns into a bad accident. In the problem of unwanted or disabled child as a result of medical fault, there have been doubts about the responsibility and opportunity to claim damages for years. But now the responsibility accepted by courts in different countries; parents according to contractual liability and disabled children according to the responsibility able to claim damages from the doctor guilty. In Iran by Therapeutic Abortion Act was passed in 1384 the mother has the right to therapeutic abortion by ensuring conditions and Sterilization is also normal. If the doctor harm these rights, according to the law of civil liability can claim for damages.

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