Dr. Hamid Reza Salehi
Shahid Beheshti University of Medical Sciences, The Iranian Research Center for Ethics and Law in Medicine, Assistant Director of Nursing Law Group
I am a faculty member at department of law, Payame Noor University and also an assistant director of nursing law group of Iranian Association of Medical Law. I am scientific and technical editor of quarterly journal of medical law at Shahid Beheshti University of Medical Sciences, Tehran (Iran). I am also a member and a researcher of International Association of Islamic Bioethics, Tehran (Iran).
I am currently a postgraduate in the Department of Law at Shahed University. But this is just the first leg of an exciting journey. My thesis Title was: "The definition of fault and its influence on the civil responsibility in treatment procedure". Evaluated and approved by the thesis committee (with a score of 19.75/20, Magna cum laude) on June 15th 2011.
More recently, I became a faculty member at department of law, Payame Noor University, PO BOX 19395-3697 Tehran, I.R of IRAN.
Address: Nursing law group
Iranian Association of Medical Law
Shahid Beheshti University of Medical sciences
Tehran
Iran
I am currently a postgraduate in the Department of Law at Shahed University. But this is just the first leg of an exciting journey. My thesis Title was: "The definition of fault and its influence on the civil responsibility in treatment procedure". Evaluated and approved by the thesis committee (with a score of 19.75/20, Magna cum laude) on June 15th 2011.
More recently, I became a faculty member at department of law, Payame Noor University, PO BOX 19395-3697 Tehran, I.R of IRAN.
Address: Nursing law group
Iranian Association of Medical Law
Shahid Beheshti University of Medical sciences
Tehran
Iran
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Papers by Dr. Hamid Reza Salehi
the history, surgery to improve one’s looks existed in Alexandria and in ancient Rome. Considering the
developments and expansions made in the meaning of ''Disease'', the psychiatrists and knowledgeable
people at that time, started to declare that the person’s physical defects were a reflection of an inner
mental disorder , thus physical features which did not meet a certain degree of perfection were seen as a
kind of disease and consequently cosmetic surgical operations aimed at reflecting inner beauty, in this
case, mental beauty were seen as the only kind of treatment of this disease. The main doubts regarding
the legality of cosmetic surgeries were removed by considering the aim of the treatment of these kinds of
surgeries and also the contemporary theories in authorization of surgeries aimed at improving one’s looks,
so that cosmetic surgeries now are considered legal and lawful. Although in most legal systems as well as
in Islamic countries, the nature of medical obligations is the obligation to the means, however in some
special cases, the nature of medical obligations is the obligation to the results. In the Iranian's legal
system, the nature of surgeons’ obligations has been introduced as the obligation to the results which
seems reasonable and logical. So in this article, with a brief description of the history of the subject and
the views of proponents and opponents, the nature of surgeons obligations it's been tried to comparatively
study. An analytical investigation of the nature of the obligations of the surgeons has been dealt with in
some controversial, common and related instances, i.e cosmetic and/or plastic surgery.
robust tree of Tawhid. Equality aims at eliminating discrimination and moving toward human
ascendency. Therefore, this article mainly focuses on scrutinizing the basic and principal issues related to
equality and God-given rights or inalienable rights from Imam Ali’s peace be upon him point of view.
Despite a brief period of governance of Islamic society, Imam Ali (PBUH), compared to other periods,
paid special attention to the many variations among races, languages, colors, religions and political
parties. However, a legal analysis of his words and practice in this regard is of great difficulty, because he
was not only a jurist and a mystical as well as ethical leader, but also a metaphysics scholar, a Qur’an
exegete, an Islamic legal systems commentator and, a governor. Indeed, no historian or writer, however
deft and dexterous he maybe, can draw a true picture of the Commander of the Faithful even in a
thousand pages, nor can he explain the dreadful events which took place in his time. The things which
this thought of, and acted upon, had not until that point been seen or heard by anyone. It is more than a
historian can cover even in a very detailed treatise. Hence, whatever picture of Imam Ali is described by
author will inevitably be incomplete. The present article attempts to explain equality before the law, in
referring to a competent court and receiving just examination from Imam Ali’s (PBUH) viewpoint.
Key words: responsibility, nurses, Iran's legal system, legal system in France
"
Infertility is a family problem in all around the world. One solution for this problem is the use of surrogacy. Today, due to advances in medical sciences, various methods have been developed by doctors in reproduction and using these methods, have attempted to reproduce in laboratory. But despite these advances, reproductive medicine is not enable to find suitable environment for the growth of the fetus from the uterus and that's why using the surrogacy is one of the major achievements in the field of assisted reproductive technology. This method is an assisted reproductive technology of using IVF. Using this method is not restricted to women without a uterus and is used in many cases.
Confusion about the nature of the surrogacy contract is one of the obstacles to the implementation of this contract. As a result, identify the nature of this contract is of utmost importance. There is no legal text about the nature of this contract. Therefore, to determine the nature of this contract shall be referred to the general principles of law and legal and jurisprudence resources. It seems that the nature of surrogacy contract does not fit in special type of contracts, such as hire, lending, Ji’ala or contract of reward and, etc. hence, according to article 10 of the Iranian Civil Code (Known as the principle of contract freedom) can be accepted. But, all aspects of surrogacy contracts cannot be determined by agreement of all parties and some of the forces is applied. Most significantly is the relationship of the contract that is an involuntary case.
Keywords: surrogacy contracts, hire, Ji’ala or contract of reward, labor contract, settlement, non-specific contract.
Keywords
physician, history, responsibility, concept of disease.
In this article, having a briefly explained about the types of civil responsibility of nurses, we embark on giving a detailed inclusive delimiter of some of the fundamental and important obligations concerning their responsibilities, including an obligation to professional secrecy, emergency and the obligations of nurses in this situation, an obligation to retraining and updating scientific information and therapeutic interventions by nurses.
Key words: nurses, civil liability, professional secrecy; emergency; retraining information, therapeutic interventions.
"
Keywords: The nature of obligation, Shiite, Sunni, Physician.
"
Nowadays, industrial property rights play an important role in international trade, e-commerce, investment and growing economic relations. In general, industrial property rights system has been introduced as one of the fundamental problems of modern economic policy at the national level and as a context and important tool for sustainable development in developing and least developed countries. Furthermore, robust and effective protection of industrial property rights is very important and decisive factor in facilitating technology transfer policies and to attract foreign direct investment in certain sectors of economic that is vital for sustainable development. Countries that are experiencing liberalization of economic and industrial policies, the existence of a strong and robust intellectual property system is one of the most important factors that is necessary to ensure the process of liberalization. One important result is that it can restructure the industrial and commercial sectors and finally to encourage small and medium investors to use the intellectual property system as a tool for economic and national technology development. However, in spite of the great quantitative and qualitative potentials in Iran, it is not happened any significant growth in the field of knowledge, production and preservation of the protected examples in the field of industrial property; On this basis, the patents system, industrial designs, trademarks, integrated circuits, trade secrets and geographical indications of origin in the system of industrial property rights are reviewed and studied and also if necessary a comparative study to Paris Convention and Trips Agreement is conducted in this paper.
Keywords: Industrial property, patents, trade secrets and marks, integrated circuits, industrial designs, geographical indications of origin
Keyword: INNATE DIGNITY, HUMAN, ISLAM, MEDICAL ETHICS, INTERNATIONAL DOCUMENTS
In this study, scrutinizing the nature and basis of civil liability of physicians revealed that although jurists have not discussed and reviewed the notion of loss of opportunity to improve or cure the patient explicitly, this is clearly inferred from their utterance about the concept of damage and their prediction about common criteria for measuring the damage. Considering that nowadays, the custom of society considers such opportunities as worthy, thus, losing them is considered as a kind of damage, so, according to Islam, in such cases, the physicians who cause the loss of opportunity to improve eorcure their patients will be responsible. And this responsibility is different from the ultimate responsibility- i.e. death, disability, exacerbation of disease & etc-, in nature. This theory is widely applicable in medical law in some Islamic countries, common law legal system and especially in French law and many sentences have been issued based on it, so that it is one of the controversial issues of civil liability in causation & being obvious damage. In Iran law this theory is seemed to be executable in civil liability of physicians, regardless of whether it is missed opportunitiesor creating undue & already occurred risk, however, it is not opposite to the general principles of legal and religious precepts.
Keyword: CIVIL LIABILITY, LOSS OF OPPORTUNITIES OF AMELIORATION, COMPENSATION, PHYSICIANS, PATIENT"
the history, surgery to improve one’s looks existed in Alexandria and in ancient Rome. Considering the
developments and expansions made in the meaning of ''Disease'', the psychiatrists and knowledgeable
people at that time, started to declare that the person’s physical defects were a reflection of an inner
mental disorder , thus physical features which did not meet a certain degree of perfection were seen as a
kind of disease and consequently cosmetic surgical operations aimed at reflecting inner beauty, in this
case, mental beauty were seen as the only kind of treatment of this disease. The main doubts regarding
the legality of cosmetic surgeries were removed by considering the aim of the treatment of these kinds of
surgeries and also the contemporary theories in authorization of surgeries aimed at improving one’s looks,
so that cosmetic surgeries now are considered legal and lawful. Although in most legal systems as well as
in Islamic countries, the nature of medical obligations is the obligation to the means, however in some
special cases, the nature of medical obligations is the obligation to the results. In the Iranian's legal
system, the nature of surgeons’ obligations has been introduced as the obligation to the results which
seems reasonable and logical. So in this article, with a brief description of the history of the subject and
the views of proponents and opponents, the nature of surgeons obligations it's been tried to comparatively
study. An analytical investigation of the nature of the obligations of the surgeons has been dealt with in
some controversial, common and related instances, i.e cosmetic and/or plastic surgery.
robust tree of Tawhid. Equality aims at eliminating discrimination and moving toward human
ascendency. Therefore, this article mainly focuses on scrutinizing the basic and principal issues related to
equality and God-given rights or inalienable rights from Imam Ali’s peace be upon him point of view.
Despite a brief period of governance of Islamic society, Imam Ali (PBUH), compared to other periods,
paid special attention to the many variations among races, languages, colors, religions and political
parties. However, a legal analysis of his words and practice in this regard is of great difficulty, because he
was not only a jurist and a mystical as well as ethical leader, but also a metaphysics scholar, a Qur’an
exegete, an Islamic legal systems commentator and, a governor. Indeed, no historian or writer, however
deft and dexterous he maybe, can draw a true picture of the Commander of the Faithful even in a
thousand pages, nor can he explain the dreadful events which took place in his time. The things which
this thought of, and acted upon, had not until that point been seen or heard by anyone. It is more than a
historian can cover even in a very detailed treatise. Hence, whatever picture of Imam Ali is described by
author will inevitably be incomplete. The present article attempts to explain equality before the law, in
referring to a competent court and receiving just examination from Imam Ali’s (PBUH) viewpoint.
Key words: responsibility, nurses, Iran's legal system, legal system in France
"
Infertility is a family problem in all around the world. One solution for this problem is the use of surrogacy. Today, due to advances in medical sciences, various methods have been developed by doctors in reproduction and using these methods, have attempted to reproduce in laboratory. But despite these advances, reproductive medicine is not enable to find suitable environment for the growth of the fetus from the uterus and that's why using the surrogacy is one of the major achievements in the field of assisted reproductive technology. This method is an assisted reproductive technology of using IVF. Using this method is not restricted to women without a uterus and is used in many cases.
Confusion about the nature of the surrogacy contract is one of the obstacles to the implementation of this contract. As a result, identify the nature of this contract is of utmost importance. There is no legal text about the nature of this contract. Therefore, to determine the nature of this contract shall be referred to the general principles of law and legal and jurisprudence resources. It seems that the nature of surrogacy contract does not fit in special type of contracts, such as hire, lending, Ji’ala or contract of reward and, etc. hence, according to article 10 of the Iranian Civil Code (Known as the principle of contract freedom) can be accepted. But, all aspects of surrogacy contracts cannot be determined by agreement of all parties and some of the forces is applied. Most significantly is the relationship of the contract that is an involuntary case.
Keywords: surrogacy contracts, hire, Ji’ala or contract of reward, labor contract, settlement, non-specific contract.
Keywords
physician, history, responsibility, concept of disease.
In this article, having a briefly explained about the types of civil responsibility of nurses, we embark on giving a detailed inclusive delimiter of some of the fundamental and important obligations concerning their responsibilities, including an obligation to professional secrecy, emergency and the obligations of nurses in this situation, an obligation to retraining and updating scientific information and therapeutic interventions by nurses.
Key words: nurses, civil liability, professional secrecy; emergency; retraining information, therapeutic interventions.
"
Keywords: The nature of obligation, Shiite, Sunni, Physician.
"
Nowadays, industrial property rights play an important role in international trade, e-commerce, investment and growing economic relations. In general, industrial property rights system has been introduced as one of the fundamental problems of modern economic policy at the national level and as a context and important tool for sustainable development in developing and least developed countries. Furthermore, robust and effective protection of industrial property rights is very important and decisive factor in facilitating technology transfer policies and to attract foreign direct investment in certain sectors of economic that is vital for sustainable development. Countries that are experiencing liberalization of economic and industrial policies, the existence of a strong and robust intellectual property system is one of the most important factors that is necessary to ensure the process of liberalization. One important result is that it can restructure the industrial and commercial sectors and finally to encourage small and medium investors to use the intellectual property system as a tool for economic and national technology development. However, in spite of the great quantitative and qualitative potentials in Iran, it is not happened any significant growth in the field of knowledge, production and preservation of the protected examples in the field of industrial property; On this basis, the patents system, industrial designs, trademarks, integrated circuits, trade secrets and geographical indications of origin in the system of industrial property rights are reviewed and studied and also if necessary a comparative study to Paris Convention and Trips Agreement is conducted in this paper.
Keywords: Industrial property, patents, trade secrets and marks, integrated circuits, industrial designs, geographical indications of origin
Keyword: INNATE DIGNITY, HUMAN, ISLAM, MEDICAL ETHICS, INTERNATIONAL DOCUMENTS
In this study, scrutinizing the nature and basis of civil liability of physicians revealed that although jurists have not discussed and reviewed the notion of loss of opportunity to improve or cure the patient explicitly, this is clearly inferred from their utterance about the concept of damage and their prediction about common criteria for measuring the damage. Considering that nowadays, the custom of society considers such opportunities as worthy, thus, losing them is considered as a kind of damage, so, according to Islam, in such cases, the physicians who cause the loss of opportunity to improve eorcure their patients will be responsible. And this responsibility is different from the ultimate responsibility- i.e. death, disability, exacerbation of disease & etc-, in nature. This theory is widely applicable in medical law in some Islamic countries, common law legal system and especially in French law and many sentences have been issued based on it, so that it is one of the controversial issues of civil liability in causation & being obvious damage. In Iran law this theory is seemed to be executable in civil liability of physicians, regardless of whether it is missed opportunitiesor creating undue & already occurred risk, however, it is not opposite to the general principles of legal and religious precepts.
Keyword: CIVIL LIABILITY, LOSS OF OPPORTUNITIES OF AMELIORATION, COMPENSATION, PHYSICIANS, PATIENT"
Keywords: Fault, civil liability, the owners of medical and dependent careers, the treatment process, conventional doctor.