نتایج جستجو برای: confusion of legal doctrine on civil liability
تعداد نتایج: 21945608 فیلتر نتایج به سال:
“personality rights” are bundle of rights which protect the integrity and inviolability of the physical and moral integrity of persons against some threats. right to honor, right to privacy, right to one’s image and the right to personal identity are the main rights which protect the moral integrity of persons against invasions of the mass media. hence, balancing between two sets of interests (...
sometimes, following of islamic law, there is a liability of paternal relatives, relatives and public treasury that some of the jurists say that this liability is a against of personal liability and therefore they oppose or limit this liability. but the analysis of this liability shows that this liability is a tort. in the other hand, in some of the countries the vicarious liability is a princi...
One of the issues long discussed in Law of Tort (civil liability) is the effect of act and fault of injured person on Tort action. In Roman law, condition that committed fault, injured person was deprived of compensation, without the type and degree of his intervention in damage occurrence being studied. In ancient Common Law this rule was governed too. But it was gradually modified in Wester...
One of the most important principles of criminal law, which is an effective guarantee for the protection of civil rights and freedoms, is the principle of legality of crime and punishment, which prescribes the imposition of punishment for crime only on the basis of the Legal texts. However, in the legal systems of Muslim countries, whose penal provisions are derived from Islamic law, the issue ...
Abstract The question is about the “why”s in dealing with the basis. Why is disciplinary liability raised for the physicians? However, searching for the goal, the objective is to find out “why” do physicians face disciplinary liability? Answers to these two questions are to be particularly determined by comparison with the bases and goals of criminal and civil liabilitie...
This study shows the effect of risk of pharmaceutical manufacturers' responsibility on the prices of medicines in the legal system in Iran, England and United State of America. By examining the type and responsibility of pharmaceutical manufacturers in these three legal systems, we concluded that in the legal system of the United State of America, acceptance of strict liability, private phar...
Because of complications of medical treatments, informing patients about the rate of treatment success, potential risks, and side- effects, is considered as an indispensable part of treatment contracts. Patients' deprivation of this information can be considered as a major obstacle in obtaining informed consent. Clearly treatment without patients' or their legal guardians informed consent may l...
Abstract Prosecutor v. Jean-Pierre Bemba Gombo was the International Criminal Court’s first case directly addressing command responsibility doctrine. As permanent international criminal court who can exercise jurisdiction over a majority of world’s nation states, its interpretation doctrine potentially an important development in law and opportunity to affirm legal commanders for their subordin...
The Supreme Court's denial of class certification in Wal-Mart v. Dukes has been viewed by many as a wholesale rejection of the use of discrimination law for social change. In this Article, I argue that the Supreme Court would have been open to certification had the plaintiffs given more careful attention to the difficult doctrinal and normative issues raised by their case. The plaintiffs' evide...
Surgeons are increasingly facing multiple civil liability claims from their patients. Against this background and taking any eventual liability claims into account, surgeons must be increasingly aware of the importance of maintaining patient medical histories, which raises numerous questions on the length of time and form of keeping them. Ethical and legal obligations need to be taken into acco...
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