Private Law
mohsen Borhani; Arash Badkoubeh Hezaveh
Abstract
Causation is one of the most significant topics of law, if not the most important one. This article analyzes the validity of expert opinion in determining establishment of causation and peripheral issues of causation. Iranian courts routinely delegate the recognition of causation establishment to governmental ...
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Causation is one of the most significant topics of law, if not the most important one. This article analyzes the validity of expert opinion in determining establishment of causation and peripheral issues of causation. Iranian courts routinely delegate the recognition of causation establishment to governmental experts, regardless of whether there is any legal basis justifying such reference. This article answers the following inquiry: “According to Iranian law, in what cases, if any, courts can rely on expert opinion in determining whether Causation is established for purpose of imposing liability?” This article assumes that a criterion should be implemented/designed to recognize establishment of causation based on a customary standard. Although in certain cases, establishment of causation and in some peripheral issues related to the causation, namely recognition of material causes and amount of damages (in the cases of shared liability), expert opinion could be the sole basis for determinate establishment of causation.
Mohsen Borhani; Mehrnoosh Abouzari
Abstract
In recent years, the discussion of the access of all countries to essential drugs has been raised as a moral challenge, most of which the granting of intellectual property rights to the of this industry and the lack of access of developing countries to these products. Though this industries have tried ...
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In recent years, the discussion of the access of all countries to essential drugs has been raised as a moral challenge, most of which the granting of intellectual property rights to the of this industry and the lack of access of developing countries to these products. Though this industries have tried to justify themselves with economic and legal arguments, but the result is creating a link between the industries and low-income countries. Thus, the discussion is whether substantially the intellectual property of essential drugs is applicable and whether should not this property be defined in the light of the concept of treatment and human need for treatment? What is the justification for this discussion? Is the right to health and access to medicines is based on ethical principles, or does legal bases support this? The other is the right to have access to everyone will they take medications, or will they just allocate the necessary medications in this domain to drug inventions? It seems legal principles and there is an ethical need for protecting people's health in accessing the necessary drugs to allocate the right to drug innovations. This paper, in two parts of the legal and ethical justification of the debate, seeks to address the conflict between the right to health and the right to intellectual property on inventions providing arguments in two aspects and explaining the ethical justification of this preference by preferring the ethical responsibility of the right to health.