Surrogacy is an infertility treatment in which the sperm and egg of couples are mixed in vitro and then transferred to the womb of other woman to grow until the end of pregnancy, and this woman is called the surrogate mother. According to article 1168 of the Iranian civil law, children conceived through surrogacy must remain in custody of their parents like other children, and it is the right a...

"Sabr and Taghsim" is a method which is utilized by jurists to achieve the cause in "Mostanbetol Elleh" analogy. Since the result of this method is to arouse suspicion and not to provide knowledge, it has mostly been neglected. But among different branches of law, civil liability enjoys more flexibility and it doesn’t always require absolute knowledge. This feature is ...

One of the pillars of civil liability is damage. Damage is divided into two categories: material damage and spiritual damage. Spiritual damage has been paid less attention than material damage and there are some disagreements as to eligibility to indemnify it. But sometimes the spiritual damage to a person who suffers loss is so severe that law science cannot be indifferent and the material com...

Consumption goods in some cases is associated with damage to the consumer. This damage may be caused by the failure of the manufacturer to damages. In case of the failure to be inclusive and not due to negligence or fault of the manufacturer, the defense of civil responsibility in some countries has been resolver. This issue is not addressed in the law of Iran. But with The legal principles and...

When the contractual liability of surrogate mother against genetic parents was created that one correct and binding contract concluded between them and surrogate mother violate the created obligation of this contract. Majority of this obligation arises the agreement between them and other resource i.e. law and custom is silent. This violation causes the material and moral damage for genetic par...

The case of multiple causes in damages is vague in Iranian legal system and it has even more ambiguity when it comes to medical harm. However, specific rules related to medical damages has been stated at article 495 and 496 of Islamic criminal law. Moreover, in case of absence of law or conflict of law, it can be refuted to reliable fiqh resources according to article 167 substantial law. Ther...

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