المسؤولية المدنية عن الأبحاث و التجارب الطبية غير العلاجية على جسم الإنسان : دراسة مقارنة

الملخص EN

Medical research and experiments for non-theurapic purposes are the use of scientific methods by a doctor or researcher for the sake of discovering new knowledge about the treatment of intractable diseases or how to protect against it.

Scholars have not agreed so far upon the legitimacy of conducting such type of research, and have been divided into two main schools of view.

The first school of view sees that such a type of scientific research is acceptable on human beings body, while the other school of view does not consider it legitimate.

However, the comparative jurisdictions and international conventions have allowed to conduct scientific experiments and researches on the human bodies having considered some limitations.

Regarding the liability arising out of such experiments, the comparative jurisdictions are also divided into two approaches; the first approach has left its regulations to the general rules of tort and contractual liability provisions, whereas the other approach preferred to regulate it in specific provisions based on a civil wrong capable to be denied, or the objective liability rules that based on the damage only.

Iraqi legislator does not provide specific rules on this issue despite the mention of “medical experiments” in the doctors discipline rules; however, it provided the same rules for the experiments whether the subject of the experiments where human or animal.