فهرست مطالب negin gholami

In the tort liability, damages are distributed by modern institutions such as insurances, strict liability of companies or traditional and jurisprudential institutions such as kinsmanship. Although these loss distributive institutions have advantages such as assuring compensation of the injured or reducing the injurer’s burden of compensation, some analyzers believe that the facilities such institutions provide to the two parties can deteriorate the deterrence role of the civil liability and promote imprudence. Therefore although these institutions are in line with the tort liability system in terms of compensating the damage, they have a reverse effect in terms of deterrence and promote imprudence. In contrast, there are reasons that reject critique of the mechanism of these institutions. The reasons include the existence of other deterrent factors along with tort liability such as the sense of misrepresentation of individuals, the ineffectiveness attributable to the tort liability system in the realization of deterrence and the prediction of mechanisms in loss distributive institutions to prevent imprudence. Hence, the distributive institutions generally, unlike the initial perception, if don’t have a positive effect on deterrence, they don’t have at least negative effect on it and did not expedite the spread of it.

In the Iranian laws, loss distribution is mainly the case when two or more causes impose damage and the interference of each one in the realization of damage is the basis for damage distribution between them. In common law, damage distribution in civil liability is considered in a broader sense and it is differentiated from the number of causes. In fact, under loss distribution, those cases are considered where the damages that should reasonably be paid by the imposer are distributed among members of the community via some mechanisms. Mechanisms that distribute damages are strict liability and insurance. Justifying participation of a group of people, who have no role in this damage and giving indemnity, is possible via economic meanslike promoting economic efficiency and realizing distributive justice in society and this is the subject of present study to investigate and analyze these basics.

There are different laws and rules governing the distribution of an estate among heirs in different religions. Respecting the followers of divine religions, the Iranian law recognizes their respective rules of inheritance. Problems can arise, however, when there are Muslim inheritors among the heirs of a non-Muslim Iranian adhering to one of these recognized religions. Under such circumstances, on the one hand, Article 881 (bis) of the Iranian Civil Code and the Islamic laws stipulate that regardless of the religion of the deceased, the Muslim heir disinherits the non-Muslim heirs and is, thus, the sole heir. On the other hand, there are Special Laws holding that the frame of reference for distribution of inheritance is the religion of the deceased. Therefore, whether the heirs are Muslim or not should have no effects on the division of the inheritance. The author analyzes the relations of the laws, and argues that Special Laws have primacy over Article 881 (bis) of the Iranian Civil Code.

In sickle cell disease, red blood cells are sickle shaped and consequently lose their ability to carry oxygen, which may cause vessel blockage. Pregnancy in the setting of classic sickle cell disease could be extremely dangerous for both mother and fetus.. The aim of this study was to determine the effective factors related to the maternal mortality among pregnant women with sickle cell disease.. In this descriptive study conducted with data from 41 hospital records of women with sickle cell disease from 2001 to 2011, various data such as demographic, midwifery, and laboratory test information were recorded in a questionnaire. The relationship between this information and sickle cell disease was assessed. Descriptive statistics, analysis of variance, Fisher exact test, and chi-square test were used in the data analyses.. The mean maternal age was 27.60 ± 6.37 years. The hemoglobin level at hospital admission was 8.9 ± 1.61 g/dL for the survivors and 7.73 ± 1.19 g/dL for the deceased patients (P < 0.05). All the patients with the sickle cell trait, 73% of the patients with sickle cell disease, and 50% of the patients with sickle cell-thalassemia disease survived (P < 0.05). The gestational age of the deceased patients was lower than that of the survivors (34.12 vs. 35.81 weeks, P = 0.08).. Ultimately, we can conclude that the hemoglobin level at the time of admission and before delivery, the type of disease, gestational age, and transfusion could be effective factors of patient mortality..

In the law of civil liability, whether contractual or tortious, causal relationship is one of the elements required to be proved and according to general rules the burden of proof lies on the plaintiff. Some of the jurists are, however, of the opinion that the general rule, like many others, has exceptions. According to them, in some cases while the existence of the causation is required, the claimant need not prove it since the law assumes its existence in these cases. It is up to the defendant to rebut the presumption. Otherwise, the defendant is liable for damages. This opinion is opposed by other jurists who believe that the causal relationship, unlike fault, may never be presumed. The present article examines different opinions on the presumption of causal relationship in contractual liability in Iranian law and the law of some other countries.

Causation relationship، as one of the pillars of fulfillment of tort liability، is a matter that besides other pillars of lawsuit، should be proved by the claimant. But this general rule has exceptions in which the claimant is exempt from proving some pillars of lawsuit. One of the exceptions is presumption of causation. It means that in some cases، despite of the necessity of existence of causation relationship، the claimant does not need to prove it. None of the articles mention the presumption of causation expressly. What is discussed in this research is surveying the cases of presumption of causation in tort. With analysis of the tort-relevant topics، we understand that in tort، presumption of causation mainly exists in two cases: 1) Cases with presumed faults and 2) Cases in which proving the existence of causation in them is difficult because of some special circumstances; so we can apply presumption of causation in them.