maryam saghafi

Legitimate expectation, as one of the principles of administrative law, has entered other areas such as private law. This principle includes a set of normal and reasonable expectations of citizens, which is supported in the jurisdiction and is legitimate and respected. In medical law, whether from the perspective of the physician or the patient, such an expectation exists and requires the attention of the relevant authorities.

This research is written in a descriptive-analytical way by considering, reviewing and analyzing existing legal sources such as books, articles and laws and regulations.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

The legitimate expectations of the medical community can be examined in two areas: physician and patients. In the field of doctors, setting the tariff based on the level of education and the provision of physician' services and the differentiation in it is the lack of responsibility in the assumption of professional actions and in line with the patient's interests. Legitimate expectations of patients are also such as providing necessary information in the field of complications and type of disease and preventing the implementation of illegal custom.

Paying attention to the legitimate and conventional expectations of Physicians and patients is not only inexpensive and easily affordable, but it also prevents serious injuries that result from non-compliance and improves medical rights. Taking under the table and referring to people without medical ability and sometimes incorrect treatments are the consequences of not paying attention to the legitimate and conventional expectations of the relevant groups.

The current research was conducted with the aim of the effectiveness of hope therapy on stress management and mental health of multiple sclerosis patients in Tehran in 1401. The current research method is semi-experimental and a pre-test-post-test plan with a control group was used to collect data. The statistical population of the study was made up of 21,000 patients who are members of the MS community in Tehran, and among them, 54 people were selected by available sampling method and randomly assigned to the experimental group (29 people) and the control group (25 people). The experimental group of hope therapy was trained for 8 sessions of 90 minutes and the control group remained on the waiting list. The tools used in the present study included Cohen's perceived stress (1983) and Goldberg's mental health (1972), which were used in two stages, pre-test and post-test. The analysis of the information obtained from the implementation of the questionnaire was done through the SPSS24 software in two descriptive and inferential sections (analysis of covariance). The findings showed that hope therapy improved stress management in patients with MS. Also, the results showed that hope therapy improved mental health and its components in patients with MS. Therefore, it seems that hope therapy can reduce stress and provide effective techniques to improve mental health in patients with MS.

Precipitation is a phenomenon resulting from complex atmospheric interactions and among climatic events, due to its vital role, it has special importance. The importance of precipitation durability, especially in arid and semi-arid regions, which includes most of Iran, is greater than its volume. The purpose of this study is to identify Iran's precipitation areas in terms of precipitation durability and its characteristics in each area. In order to investigate the durability of Iran's precipitation and to define a precipitation day as " a day with equal precipitation or greater than 0.5 mm", used from daily precipitation data of 80 synoptic stations of the country during the 6 cold months of the year from October to March in a period of 30 years (2016 - 1987). Setting data in daily tables in the first step, made possible to program in MATLAB environment to separate precipitation in ten groups from "one day" to "ten days" and in the second step in SPSS environment based on frequency characteristics, amount and precipitations average in the mentioned groups was done by the method of Ward merging and clustering. The process of the clustering on Iran's durability precipitation showed that there are seven almost homogeneous precipitation zones in Iran; the geographical arrangement of Iran's precipitation areas, reveals the dependence of Iran's precipitations amount on roughness, the path of precipitation systems, its proximity to humidity sources, and the effect of the sea. In terms of area’s location, it can be said that; the settlement of the four zones in the western half of Iran, despite its small size in front of the eastern half, is a reason for its heterogeneity.

Autumn and winter rains play an important role in Iran's agricultural and livestock economy, as well as feeding underground water tables, especially in the western and southwestern regions of Iran. The continuous reduction of underground water reserves in Iran increases the importance of atmospheric precipitation especially during autumn and winter seasons. This importance is affected by the centrality of agriculture in Iran, as well as the supply of drinking water in small and large cities.
This sensitivity is more in the southern half of Iran and especially in the southwest, which has rivers full of water and it, is a region full of large dams.

In this research, the mechanism of rainfall in the two seasons of autumn and winter in southwestern Iran was investigated and compared. Then, the synoptic conditions of the longest and most intense rainfalls that occurred during the selected data period in the research area were identified. In this research, a rainy day was defined as a day when the weather station received at least half a millimeter of rain. Also, the duration of rainfall at each station was defined as the number of consecutive days of rainfall at that station. In first step, daily rainfall data were collected from 8 weather stations in the 30-year period (1987-2016) in southwest Iran. During the second step, separation of rainfalls according their duration using programming in MATLAB environment; it made it possible to select 40 precipitation samples. During the last step, synoptic patterns were designed from daily weather maps, including moisture flux, atmospheric height, and the position of jet-stream cores.

In this research, the analysis of patterns showed the following results 1) Sources of continuous and widespread rains in the autumn season, warm waters around Iran include the Red Sea, Gulf of Aden, Arabian Sea, Persian Gulf and Oman Sea. 2) The origin of the wet currents of these rains is from the central regions of tropical Africa. 3) During the winter season, these resources are generally limited to the Red Sea and the Gulf of Aden. 4)  Also, the analysis of the position patterns of negative omega cores at the level of 500 hPa indicates the conditions of inflammation and severe thermal gradient in the atmospheric column over the southwestern lands of Iran during the autumn season compared to the winter.

Based on the designed patterns, the western troughs in the eastern Mediterranean deepen during the winter season compared to other seasons and they provide the following conditions for rainfall in southwest Iran: 1) The path of precipitation systems also reaches the southwest of Iran. 2) Stronger cores are formed from jet-stream in the southwest of Iran. 3) More water areas such as the Mediterranean Sea, the Red Sea, the Gulf of Aden and the Arabian Sea contribute to the provision of rainfall moisture.

Precipitation plays a fundamental role in the survival of Earth's systems and provides water to sustain life on earth. The importance of precipitation durability, especially in arid and semi-arid regions, which includes most part of Iran, is greater than its volume. The aim of this study is to identify the rainfall regions of Iran in terms of rainfall durability and to investigate the characteristics of rainfall durability in each region. in order to investigate the durability of Iran's precipitation and by defining the day of precipitation as "Day with a rainfall equal to or greater than 0.5 mm", the daily precipitation data of 80 synoptic stations in the country during the cold 6 months of the year from October to March over a 30-year period (1987-2016) used. Setting the data in daily tables in the first step, enabled programming in the MATLAB environment for separating precipitation into ten groups from "one-day" to "ten-day". And in the second step in the SPSS environment based on frequency characteristics, amount and mean of precipitation in the mentioned groups, clustering done by WARD method were merged by clustering method. Implementation of clustering process on Iran rainfall durability showed that there are 7 almost homogeneous zones in Iran based on rainfall durability; which the effect of inland and outer climatic factors including latitude, roughness, path of precipitation systems and distance to moisture sources is evident that with declining the last three factors, these zones become more homogeneous in the eastern half of Iran. One of the projectable hazards is that the supply of atmospheric precipitation, especially in east of Iran, is more in charge of short durable precipitation. In fact, the one-day and the two-day low precipitations are dominant in the western part of the country and in terms of the proportion of durability in the eastern half of Iran. This finding shows the general inefficiency of the country's water resources management plans with the macro approach of storage the surface water.Key words: Spatial patterns, Precipitation durability, Rainy day, Iran

Trying period for achieving meaningful and transcendent living is the most problematic and complex process in which human being spends in his life. Boundary situations (failure, death, suffering, challenge) bring absurdity and deflation for human beings. Man who thinks about this issues, usually face impact in two ways. they recognize the world absurd completely and know situation death, as factors which destroy human beings, so introspect and accept any work is fruitless or they are who spend their life as a loot tail. The third group are among people make meaningful these situations for themselves in favor of religious belief and to believe in other world. Because confront of these conditions destroy human beings, this article aims to show how, according to Jaspers, being in this situation can have a sublime achievement as a genuine being. In the first stage of human existence, Dasein is alone, but in the face of borderline situations and awareness of them, he acquires a higher level of existence to the point where he achieves a genuine Existanz from ordinary life.

With the advancement of technology and the provision of various goods and services, one of the issues that make people want to buy a product is after-sales service. The main question that this article seeks to address is the nature of the after-sales service commitment and how it differs from other similar entities. In this article, this issue has been studied in a descriptive and analytical manner with the help of library tools and it has been determined from the available data that after-sales service is in a different nature from warranty and guarantee. Creating a commitment to after-sales service is conceivable by inserting an action condition or on the basis of a predetermined condition, in this situation, the condition is against the obligee and the right of obligation is created for the conditional. If after-sales service is included as an action condition in the contract of sale, sometimes the manufacturer entrusts the provision of services to third parties by concluding a subcontract that is subject to the contract of sale. An after-sales service commitment may be made through a contract independent of the original contract, so it requires the basic terms of the contracts. On the other hand, the obligation to provide after-sales service in capital goods may have legal roots, and in this case it is part of the mandatory rules, so agreements contrary to these rules are invalid and ineffective. Some consider the nature of this contract as a service contract and some as a contracting contract, in fact, the root of both contracts is the lease of individuals.

Ibn Sina believes in a metaphysical and ontological view between existence and the creator of possibilities - or his transcendence -. While creatures are changeable, and what is changeable and arises from non-existence cannot be the cause of its existence, then the cause of its existence is an absolute and eternal being. He thinks of the world as follows: The world was created out of nothing and with time. This means that time came into being with creation. Augustine and Ibn Sina both believed in the creation of the world by God. Ibn Sina proves time through motion. But in his early research, Augustine tried to define time in terms of motion, but in later theories rejected the definition of motion by time. Ibn Sina considers the category of motion to be precisely related to the concepts of power and action, and by considering the category of motion, he divides the material world into two worlds, the sub-moon and the supermoon. In Augustine's view, the one true God is made up of three persons under the headings: Father, Son, and Holy Spirit. Augustine believes that God created the world from formless matter, and that matter was created from non-existence.

Duty of Care is counted as a new and independent basis in civil liability that originates in French legal system. At first, this theory was addressed in transportation contracts domain and gradually it finds its way in the judicial precedents and other forms of contracts like labor contracts so far that it can be said that today Duty of care is not limited to the legal activities and contracts but also it can be applicable in Torts.the only defenses in regard to Duty of care as one the basis of the strict liability is force majeure and lack of fault cannot result to reduction of the undertaker's liability. Because of the necessity of human healthcare as on the the most important human rights, duty of care analysis in Medical obligation Domain is more than ever necessary. So duty of care as the physician's obligation rule on treatment contracts regardless of any contractual compromise or the parties lack of knowledge about its existence. Duty of care implies that medical treatment should be without any implication of harm to the patient. It should be said that physician's obligation is obligation to means and this has no effects on duty of care theory. Because duty of care only means the no physicians should bring in no unnecessary harms to patient and nothing more.

There are several theories and subjects in Islamic jurisprudence and legal on transfer of the thing and property belonging to other like the property which is pledge or the good belonging the right to cancel the right to have option but in the most of theories, transfer of the thing is limited to examine the sale of specified good so what about the rental property also in wider range included several evidences of property belonging to other, such as right of emption, right of exploitation, right of easement or the creditor rights to seized property, is not clear or there is a brief related explanation. So the present paper has developed in order to clarify the validity of rental property to other. In this context resorting to Islamic jurisprudence theories and principles like the rules of Taslit and Lazarar, Lawyer views and number of laws like 454 & 500 of civil code, correctness and validity of renting before and after applying the right of other, is proofed. Also it is expressed the tenant who rent the property belonging to other can cancel the hire contract because of to be ignorance on the right of other and lack of demanding complete interest.

Qajar era was the era of vast interaction of Iran with the West. Such interactions paved the way for Iranians to get familiar with modern sciences and establishment of new factories one the one hand and expansion of domination of the foreigners on the other hand. The present study examines the relation between modern sciences and new education and establishment of factories in the country and evaluates a number of factors that impeded local industrial proliferation. The study was conducted through examining sources and documents and through employing a descriptive-analytic method. The findings indicate that despite the practical approach of the movements which led to the establishment of factories, lack of tenacity on the part of official authorities for improving the factories, huge import of goods, shortage of and insecurity of connecting routes and unawareness of the Iranian merchants of imperialistic policies of the foreign countries and their need for cheap raw materials and suitable sale markets all led to fierce competition in production and eventually caused the failure of nascent factories.

Geography and astronomy are among the oldest and most widely practiced sciences that have continued to exist in modern times, and have always been associated with medicine. In astronomy, this association extends to astronomical calendars and the prediction of the most and least favorable occasions for the treatment of diseases. In the geographical context, it includes health and human diseases connected with environmental factors, and has developed with time into what is known today as medical geography.
Najm al-Mulk, the royal astronomer to the court of Naser al-Din Shah, was the first Iranian teacher and author of geography and astronomy in Dar ul-Fonun to promote these sciences, and was responsible for writing the traditional calendar. The aim of this study was to examine the evolution of geography and astronomy during the Qajar era. For this purpose, we investigated astronomical calendars and historical books, and examined the association of traditional medicine with geography and astronomy while inspecting the role of Najm al-Mulk in the process.

In this research, we are trying to survey the role of Najm al-Mulk in transition from traditional to modern geography, with the review of his books and scientific activities in the field of geography. Method/Reaserch Design: Library resources and archival records have been studied. At the same time of establishment of Dar al-Funon, military education, mapping and modern geography began to teach in Iran and after seven years, the first group of students graduated from this academy. Abd al-Ghaffar was one of those graduates who began to teach and write textbooks as the first Iranian teacher of mathematics and geography, along with other foreign teachers in Dar al-Funon for four decades. In additional of teaching, he sponsored numerous educational service. The first scientific census, construction of a jeweled globes, writing the first map of the world, mapping Tehran are the only part of his scientific achievements in various fields of human geography, population, political and natural geography that played important role in the formation and development of new knowledge in geography.

Prediction of future and events of human life, especially matters related to medicine, such as determining the right time to take medicine and health retrieval, were one of the major concerns of mankind in the past. This predicts would become possible by using astrology. The importance of this knowledge led astrology to be written in astronomical and medical books for specific audience and calendars for traditional audiences. When new European knowledge arrived Iran, in Qajar era, writing astrology in contexts were missing its position, but the astronomical calendars have continued. The main aim of this study is to investigate the interaction between astrology and medicine based on the works of Abdul Gaffar Najm alDoleh and his family. For this purpose, the current research attempts to collect information by studying books and taking notes and then the required data were obtained by analyzing raw information and at the end, this article was written by using descriptive-analytic approach. Thus, by investigation the history sources, this paper reaches to the conclusion that despite of their familiarity with modern science, due to the demand of society, writing astrological calendars were continued by several successive generations of this family.

Most often، the healthcare services are represented as a contract between the physicians or medical centers and the patients; this contract is referred to «treatment contract». Therefore، the liability of physicians and medical centers are contractual liability; however، in some cases، there is no possibility for agreement، and inking a contract such as medical emergencies and the affairs is out ofthe parties` agreement like an unexpected happening during a surgery operation، so that the liability of physicians or medical centers is surveyed as tortious liability. In addition، respect to the dominance of the «theory of negligence» in Iranian legal system، several problems meet the patients through proofing of service representatives` negligence. Thus، the patients need to know some information aboutthe physicians` negligence issues. On the other hand،the patients confusion increases while they refer to the medical centers; because they are in doubt to organize the negligence between the physicians، staff and medical centers. As a result، the illustration of medical centers` tortious liability remains no doubts when the medical center is negligent itself or is negligent because of its physicians or staff. Among this، taking to account some theories، we can solve the problem، like Respondeat Superior، Corporate Negligence، and Direct Liability، which are accepted in the Iranian legal system. Also، Vicarious Liability، Apparent Agency and Joint Liability that are known in the English legal system as the basis liability of medical center. So، this paper illustrates the tortious liability of physicians and medical centers respect to the mentioned theories and basis to support the patients’ rights، and to decrease the obstacles of the theory of negligence.

Telemedicine meaning long-distance medicine is one of the ways to provide health care services that takes place using technology and modern equipment. Telemedicine includes services such as telecouncil, teleradiology and telesurgery. Providing telemedicine services to patients is required their informed consent on the delivery of services, the method of treatment and its rate risk. Telemedicine service providers are either physicians or medical centers. When these services are provided by physicians patients` party is for example a physician who takes his council, and internet and online treatment, and the physicians` liability occurs either in the form of contractual liability resulting from fails to perform of contractual obligation or tortious liability resulting from his negligence. In contrast, when services such as telesurgery is provided to the patient, medical center when the surgery will be offered, patients` party. Although in this assumption, we do not imagine a contractual relationship between patient and remote physician, but liability of medical errors is based on some principles like superior respond eat, apparent agency and vicarious liability.

The undisclosed agency is a kind of agency in which the identity of principal is concealed in the contract concluded between the agent and the third party and the latter conceives the agent is the real and genuine party in the contract. This kind of agency, as an exception to the general rules of contracts, was, for the first time, introduced in the English law of 18th century. Because, as we know, under the law of contracts, only the parties to a contract are liable for performing the contractual undertakings and the principal is a stranger and has no liability for the privity of contract. But the undisclosed agent bears the liability of principal not on contractual bases but on a tortious one. In the law of Iran, the matter of undisclosed agency has solely but impliedly been referred to in Art.196 of the Civil Code while this legal institution has long precedent in the Islamic jurisprudence and the views expressed by the Islamic jurists. Since, under the general law of agency, all acts and words of the agent are attributed to and for the principal and this may cause many losses to the third person ignorant of the presence of the principal, the present study is intended to elucidate the tortious liability of the agent and principal in such a manner that, in this direction, various legal and Islamic jurisprudential bases for tortious liability of them, such as the rule of deceit, estoppels and causation will be examined. Thus, the study will make it clear that, under the theory of undisclosed agency, not only the principal but also the agent is liable for compensating the probable losses incurred by the third party. It will also be proved that it the acts of the agent and principal if accompanied with mala fides may be counted as examples of the crime of conspiracy or fraud and punishable as such.

Anti-sperm antibody (ASA) can decrease sperm motility and, therefore, it is a cause of male infertility. The aim of this study was to evaluate the effects of varicocelectomy on anti-sperm antibody in patients with varicocele. This observational study was conducted on 90 patients with varicocele at Sina and Imam Khomeini hospitals during 2006 to 2009. All varicocelectomy candidates were selected for ASA assessment both in semen and serum before and after surgery. ASA level was measured using a direct method for semen and an indirect method of Sperm MAR test, for serum. Paired t-test and McNemar's test were used for data analysis, and p<0.05 was considered statistically significant. ASA level in semen was 13.7% before, and 15.7% after three month of varicocelectomy (p=0.881). Serum level of ASA before and after surgery were 13.6% and 21.7%, respectively (p=0.033). Three parameters including sperm count, motility and morphology showed recovery following, varicocelectomy, but only the difference in sperm motility was significant (p<0.05). This study showed that varicocelectomy has no effect on semen ASA. Although serum antibody has been shown to increase after varicocelectomy but sperm motility will improve. Varicocelectomy seems to have a beneficial effect on semen parameters in infertile men with varicocele.

Prevalence of epidemic diseases including cholera and plague was among the most common causes of death during the Qajar era, and the necessity of fighting such diseases was one of the priorities of the government. Acquiring medicinal and pharmaceutical knowledge from Europe and promotion of general hygiene were among the efficient ways of preventing outbreaks and epidemics. The process was started by Abbas Mirza through sending students to Europe and continued by Amir Kabir through the establishment of Darolfonun (the Polytechnic School). Modern medicine and pharmacy were introduced in Iran by European professors of the Darolfonun; however, their development faced oppositions in the traditional society of the era. In this research, we are going to explain the process of development and promotion of the modern medicine and drugstores, based on the present references, and then proceed to examine the impediments in this regard.

Ms student for the history of Iran, Tarbiat Modares University, Tehran The pharmaceutical knowledge and the medical science are very old in Iran. During Sassanid era, people who studied medicine or pharmacy at Gondi-Shapour University, had permission to treat sick people. After interruption in the progress of medicine and pharmacy, during the Islamic civilization, these sciences were spread and became under control of the government. This research has presented the transition from the herbal grocery to the new pharmacy and the causes of government to control thepharmacist.