Analyzing the Legal Bases of the Contracts between Physicians and Patients

Examination of the agreement between the patient and the physician for the benefit of the patient from medical services of the physician is the outset of legal analyses of their relation. Although the contract is not the sole cause for the creation of the legal relation، but a contract involving the patient’s permission has both graded and valued priority and more prevalence than legal permission. Determining the type of contract has not only authenticity and intrinsic value in legal theoretical discussions but also a great importance in respect of explaining attributes (rules)، conditions of conclusion and the identification of consequences. If the human will is the most important cause for the creation of legal entities and consequences، it must be placed within a frame recognized by the law. Any attempt for the explanation of the contract’s type is an attempt for the recognition of a legal frame that regulates the analysis of the conditions and consequences. Now، this frame may be definite or indefinite، but in any case the contract’s attributes and its condition of validity will be different from the analysis made on the nature of contract.