أهلية المريض في العقد الطبي

الملخص EN

By turning to doctors, for the sake of cure, they set off between them and the patients a close relationship, characterized as being a contract.

This imposes the capacities of these two parties.

There, we discuss the capacity of the patient, as well as the legal provisions of the issuance of the patient's consent to his doctor.

Hence, this article aims to seek a possible specificity of this consent, its concordance with the general rules of capacity.

The results achieved from this study showed that the provisions of capacity are of public order, and even the aggravating nature of the patient's consent in unusual medical acts.