درخت حوزه‌های تخصصی

"Legal Transplantation," the process of transferring a rule or legal system from one country to another, is a concept introduced by Scottish legal scholar Alan Watson in the 1970s. Legal scholars hold diverse opinions on legal transplantation, with some advocating for it and others opposing it, each providing evidence to support their stance. The Iraqi civil law incorporated legal transplantation through the efforts of the esteemed jurist Abd al-Razzāq al-Sanhūrī. However, al-Sanhūrī's transplantations did not achieve the expected success in all instances. In several key areas, the transplantations did not function as anticipated and remain underutilized. This paper investigates the failures of legal transplantation by examining two specific examples: the foundation system and the consensual subrogation system. The primary reason for the unsuccessful transplantation in Iraqi civil law is the lack of originality in the transplanted material when compared to the originality and comprehensiveness of Islamic jurisprudence.

Background and Theoretical Basis: The right to health is a comprehensive and fundamental human right, which not only includes timely and appropriate health care, but also basic factors that determine health, such as access to water, healthy food, nutrition, housing, environment, and health. The spirit and soul also spread, especially for seafarers and their families, it has a special importance in national and international law. The existence of different dimensions for health, various fields related to health, and various factors affecting it have made it difficult to define the said right, and governments are required to take measures in a wide area to ensure the possibility of a healthy life, some of these obligations require immediate action and some They should be realized over time. Iran has also recognized and supported this right by approving various laws and regulations in the field of health as well as joining various international conventions. Methods: In this research, using a descriptive-analytical method, using the collection of information in the form of documents and libraries, the subject of examining the compliance of national and international laws and the functions of the Iranian legal system in realizing the right to health, focusing on commercial vessels, has been investigated. Findings: The findings of this research show that the right to health as an inherent right means that everyone has the right to achieve the highest standard of physical and mental health, and this right includes all medical services, public health, adequate food, Adequate housing includes a healthy working environment and a clean environment, both on land and at sea, onboard ships and other maritime occupations. Conclusion: The fundamental rights of health have been emphasized in Iran's legal system so since the beginning of the modern government, more than 600 laws and regulations have been approved in the field of health system. In fact, Iran is one of the most advanced countries in the Asian continent in the field of medicine and health. However, the most important internal challenges facing health and the institutionalization of health rights as a fundamental right are the problem of providing medicine and medical equipment due to the embargo on oil exports and the embargo of the Central Bank, immigration of doctors and nurses and medical staff, issues related to insurances and non-observance of transparency. In the medical system, the private sector is responsible for medical expenses. In terms of institutionalizing maritime health rights in commercial ships at the international level, the most important step taken is the ratification of the Maritime Labor Convention in 2006 by the International Labor Organization, which Iran also ratified on May 19, 2010. This convention was implemented on August 20, 2013, one year after the registration of 30 countries that own more than 33 percent of the gross tonnage of the world's ships. In fact, the main philosophy of this convention is to protect the health of seafarers and ensure their prompt access to medical care on board and ashore. Therefore, any country that approves the convention in its legal system. shall ensure that seafarers on board ships in their territory who require urgent medical attention have access to medical facilities ashore and requirements for health care and medical care on board ships including standards for safety aimed at providing Health care and medical care are provided to seafarers to be as comparable as possible to what is available ashore. Another important point is that protection and health care are provided at no cost to seafarers.