1
PhD Student of Private Law at Central Tehran Branch of Islamic Azad University
2
PhD Student of Criminal Law and Criminology at Allameh Tabatabai University
Abstract
Currently, one of the challenges for people living a vegetative state is to determine the wergild, the type and number of lost benefits such as vision, hearing, swallowing power and as well as paying the cost of vegetative state or life. In this kind of life, a person is incapable of performing his or her voluntary actions and has stable vital signs and accordingly, from a jurisprudential and legal point of view, they are considered conscious. According to damages inflicted on the organs of the body and benefits in Article 680 of the Islamic Panel Code approved in 1392, the legislator has considered a separate wergild for such person, because vegetative state is not considered a definite death and for each of the harms and lost benefits based on the wellـknown opinion of jurists, legal provisions and the rule of non interference of wergilds, it should be determined separate wergild or bodily injury money and compensation. However, there is disagreement among judges and forensic doctors regarding the type and amount of bodily injury and compensation for each injury, as well as how it is calculated. Therefore, despite the principle of the rule of nonـinterference of wergilds in bodily injuries and the insurer refuses to pay multiple bodily injuries money, Challenges regarding the type and number of wergild and compensation due to dementia and benefits such as vision, hearing, smell and taste, lack of urinary control, etc, It is necessary to discuss the legal and jurisprudential views on the type and amount of bodily injury and wergild, which we will discuss in this study.
Garousi, A., & Moradi Ojqaz, M. (2019). Guarantee Arising from Crime Leading to Anesthesia: A JurisprudentialـLegal Approach. Judgment, 19(99), 189-209.
MLA
AliAkbar Garousi; Mohsen Moradi Ojqaz. "Guarantee Arising from Crime Leading to Anesthesia: A JurisprudentialـLegal Approach". Judgment, 19, 99, 2019, 189-209.
HARVARD
Garousi, A., Moradi Ojqaz, M. (2019). 'Guarantee Arising from Crime Leading to Anesthesia: A JurisprudentialـLegal Approach', Judgment, 19(99), pp. 189-209.
VANCOUVER
Garousi, A., Moradi Ojqaz, M. Guarantee Arising from Crime Leading to Anesthesia: A JurisprudentialـLegal Approach. Judgment, 2019; 19(99): 189-209.
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