جستجوی مقالات مرتبط با کلیدواژه « تحصیل منفعت » در نشریات گروه « فقه و حقوق »

The theory of losing the opportunity that seeks to compensate for the resulting loss of opportunity has been raised for nearly half a century in the world legal community, but there is still a lack of unanimity in this area of justice, and there is no unanimity in judicial practice, In order to meet the requirements for claims that can not be compensated for the loss of opportunity. In today's world, the valuable opportunities for people who can benefit from future education, or the repatriation of harm in the future, are neglected and disregarded by the custom. This research seeks to find an appropriate solution to the general rules of jurisprudence, such as the rule of wasting and wastefulness and conspiracy based on the foundation of reason, and by placing these opportunities as valuable and tangible assets of individuals, doubts in proving the possibility of loss of opportunity Has set aside and made a positive step towards preparing the appropriate legal framework for accepting the opportunity as a compelling claim to formulate the applicable laws, to resolve the ambiguities and establish the grounds for the establishment of justice in this regard.

The patient's referral to a physician is intended to prevent possible future illness or to treat an accident. Although such a goal is often achieved, it is also worth noting that failure to properly diagnose or delay it can lead to a loss of effective treatment. Deprivation of such an opportunity has a degree that begins with a delay in recovery and may fluctuate until the end of the patient's life. It is obvious that in case of consolidation of the conditions of the existence of the treatment duty, the occurrence of the loss and the proof of the causal relationship, the deprivation of the treatment opportunity must also be considered as one of the forms of fulfilling the responsibility. An examination of the claims relating to the claims of the faults and errors of the medical practitioners suggests that the fulfillment of the responsibilities of the proprietors of this letter is measured solely on the basis of the eventual loss. However, simply depriving the patient of the opportunity for treatment can also lead to fulfillment of conditions leading to fulfillment of responsibilities.

Loss of chance theory that related to compensation of damages because of the loss of opportunity has been posed in the world legal community for about half of a century, but there is also the issue of vote violence in this field and there are no judicial precedents. In Iranian law efforts to achieving the criteria for a claim of damages resulting from lost opportunity has not been made. In today's world people`s valuable opportunities that could lead to profit or disposal of harmful in the future has been taken into consideration and waste of them should not be overlooked according to common law. This study aims to find the right solution by using general rules of Fiqh (Jurisprudence) such as rule of negation of loss, wastefulness and casualty and it is based on a rational foundation. By placing it among the most valuable, convertible to money and tangible assets of individuals, the existing doubt prove liability of missed opportunity has been set aside and proper steps has been taken to prepare the appropriate legal ground for acceptance of loss of opportunity as a claim for loss compensation.