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2018, 3(1): 13-14 Back to browse issues page
The domain of authorities of forced guardian in the pupil`s limbs removal contract
Abstract:   (153 Views)
The purpose of establishing protection regulations is to protect the mental and physical handicapped, also ill. Treated subjects in concluded contracts. Minors are among those called interdict in Law language, a legislator must protect minors against whole individuals, though, compulsory guardian or trustee. Pupil, because of having enjoyment legal capacity, would possess his own properties or have legal rights, but, because of lack of demanding the fulfillment of his right, he/ she has not the capability of its execution, then, necessarily, compulsory guardian, on his/ her behalf has an option- to decision making in regard to his/ her financial and non-financial rights. But this authority is not absolute and his guardianship has a specific limitation. In hand observing ambition and expediency and not being seditious persons. On the other hand would determine the domain of compulsoryguardians authorities.
On the most important assets of minors are their limbs and organs. Human limbs and organs have been considered as his/ her assets and they are under his/ her ownership, a property that is of high importance due to saving human soul. Among various limbs owners, pupils, because of different reason such as economic reason, organ health, lack of mental and physical power and irresistibility have been regarded avariciously for limb removal and transplanting.
It could be said that, the behavior of removing and transferring pupils limbs is not only contrary to human generosity and weak protection principle, but also there is no any, expediency and ambition in removal of their organs. In contrary, it caused hardship and destitution. In minors future or coming life and causing their physical and mental damage or loss is certain and obvious. It is necessary to observe the jurisdictional rule. Not loss. In additional, legal principle of compulsory guardian non- authority in minor’s non- financial affairs- is generalizable to this condition, which is considered as financial affairs. A legislator himself, sometimes by establishing legal restrictions has accepted such condition and restricted the compulsory guardian’s expansive authority’s principles in some cases. Consequently, compulsory guardian has not the authority to accept or confirm the action of pupil`s limb removal and transplanting and in the case of agreement, it is considered as a reason to depose compulsory guardian, also, limbs, removal contract is considered invalid
Keywords: body limbs (organs), pupil, compulsory, guardian, guardian authorities
     
Type of Study: Research | Subject: Special
Received: 2018/06/14 | Accepted: 2018/07/30 | Published: 2018/07/30
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The domain of authorities of forced guardian in the pupil`s limbs removal contract. Quran and Medicine. 2018; 3 (1) :13-14
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Volume 3, Issue 1 (Spring 2018) Back to browse issues page
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