عقد العلاج بالهندسة الوراثية - دراسة مقارنة
Genetic Engineering Treatment Contract: A Comparative Study
- الباحث
- آزاد عبيد عيسى
- المشرف
- محمد صديق محمد عبدالله
- الجامعة
- جامعة الموصل
- الكلية / القسم
- الحقوق / القانون الخاص
- الشهادة
- ماجستير
- السنة
- 2023
- لغة الرسالة
- عربي
- الكلمات المفتاحية
- الهندسة الوراثية;عقد العلاج;المسؤولية المدنية;العلاج الجيني
Abstract
One of the characteristics of the modern era is the speed in all areas of life, and the scientific boom that the world has witnessed is that its impact in various aspects of life, after man relied on the strength of his muscles to perform a lot of work, the scientific development contributed to finding mechanical machines alternative to man to do them with effort And less time, and the acceleration of scientific development to the field of communications and information, but what fascinated humanity is the discovery of the secret of life and the book of man and his secrets through the revolution in the field of genetic engineering, and the discovery of the genetic material (DNA), which is the genetic map that contains all the information that pertains to the living organism, whether Man, animal or plant. Diseases that were killing humanity without being able to eliminate them or mitigate their effects, prompted humanity through medical research in genetic engineering to find many ways to eliminate these diseases or mitigate their severity. In view of this and the novelty of the genetic engineering treatment technology, and the human need to use this technology, and the danger of these means to the safety of human life from death or harm, it was necessary for people who need this service to visit specialized doctors to receive treatment with genetic engineering, but the lack of The existence of a special legal regulation regulating the treatment contract with genetic engineering, we have referred to the general rules in the civil law, but it is not sufficient to cover this contract in all its aspects because of that contract affecting the life and safety of the human being, which should legislate a special law for this contract that regulates its pillars and provisions. The genetic engineering treatment contract is one of the unnamed contracts, and it has characteristics that distinguish it from other contracts through what has been proposed regarding these features, as well as the difference in legal jurisprudence in adapting the genetic engineering treatment contract. A work contract, and others considered it a contracting contract, and we tried to use some special medical laws to find the legal basis for conducting medical intervention on the human body, for whom the law provided protection from assault, as well as the legal permission to conduct interference with genetic engineering treatment. And we explained the pillars of the genetic engineering treatment contract with reference to the general rules in the civil law due to the absence of a legal regulation for genetic engineering treatment, using some provisions contained in medical laws such as laws that regulate stem cell transplantation, in addition to the privacy that distinguishes this contract from the rest of the contracts, as the law sometimes requires taking the written consent of the patient if he is qualified and the consent of his relatives if he is deficient or incompetent, and not only verbal consent, and we also touched on the obligations that It is arranged by the genetic engineering treatment contract on both the doctor and the patient, and it was found that there are some obligations in which this contract differs from the rest of the contracts, such as the doctor’s obligation to inform and enlighten the patient, and the extent of the doctor’s commitment to taking care or achieving a result, and we also dealt with the effects of the genetic engineering treatment contract in If any party breaches its obligations requiring compensation, and whether or not it is possible to agree to modify the effects of contractual liability in accordance with the general rules and the scope of compensation.
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