Volume 6, Issue 3 (2021)                   2021, 6(3): 70-78 | Back to browse issues page

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The Role of the Rule of Correctness of Conditions in Adjusting Unfair Conditions in Medical Contracts with Emphasis on the Verses of the Holy Quran and Iranian Law. Quran and Medicine 2021; 6 (3) :70-78
URL: http://quranmed.com/article-1-619-en.html
Abstract:   (932 Views)
Purpose: The present study tries to study and analyze the role of the rule of correctness of conditions in adjusting unfair conditions in medical contracts with emphasis on Quranic arguments and Iranian law in order to clarify this issue through these studies of legal and jurisprudential rulings.
Materials and Methods: This research has been carried out by the method of library studies and in a descriptive-analytical manner, which has been obtained and analyzed by referring to Quranic, narrative, legal and jurisprudential texts.
Findings: Economic superiority and other conditions of one of the parties to the contract have caused some contracts to include unfair and unfair terms. In the legal doctrines and laws of some countries, unfair conditions have been introduced as contrary to justice and fairness, and judges have been allowed to order the adjustment of unfair conditions. However, in Iranian jurisprudence and law, there is no clear and transparent rule regarding unfair conditions and the possibility of modifying them, although some have believed in the impossibility of modifying unfair conditions by relying on the generality of the rule of validity of conditions and freedom of will. On the other hand, due to the conditions created by some countries, they have witnessed the inclusion of unfair and unjust conditions in medical contracts, which, for example, have prevented the delivery of purchased medical devices and equipment. Therefore, considering the importance and necessity of determining the jurisprudential and legal principles of the possibility of modifying unfair terms, especially in medical contracts, the main question of the present study is that the rule of correctness of terms and Quranic evidence and Iranian law in adjusting unfair terms in contracts what are the medical requirements? To answer this question, the legal jurisprudential rule of the validity of the conditions and other Qur'anic, jurisprudential and legal arguments and Iranian laws must be studied and analyzed.
Conclusion: Based on the general Quranic verses and rules and legal and jurisprudential principles and rules, it can be said that unfair terms in medical contracts are contrary to Quranic justice and fairness, contrary to public order and jurisprudential interest, and justice and equality require unfair conditions to be adjusted. To be.

 
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Type of Study: Research | Subject: Special
Received: 2021/10/3 | Accepted: 2021/12/20 | Published: 2021/12/21

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