damages

According to the reports of relevant national and international authorities about corruption, the rank of Iran is high according to the determined indicators. In such a way that among the 133 evaluated countries, it has been ranked 79th, which has harmful effects on the country's development. What is certain is that many efforts have been made in the field of administrative health in Iran. However, administrative health policies have not been very successful with regard to the injuries suffered. The main purpose of this article is to identify the harms of administrative health policies in the areas of planning and formulating policies, implementing and monitoring the implementation of administrative health policies, and designing its conceptual model. Therefore, for the first time in Iran, this research has investigated the damage components of administrative health policies by using the existing theoretical foundations. The statistical population of this survey consists of 390 employees and academics in the fields of political science, law, management, and economics, in five provinces of the country (Tehran, Golestan, East Azerbaijan, Qom, and Hormozgan); which were selected by multi-stage cluster sampling method. The findings of the survey show that the following components are confirmed as damages of administrative health policies: 1- Damages related to the formulation of administrative health policies. 2- Damages related to the implementation stage of administrative health policies. 3- Damages related to monitoring the implementation of administrative health policies.

The examination of traditional legal institutions is a prudent approach to ensure effective contractual remedies. "Arsh" is one such institution that predominantly arises in relation to the option of defect. This paper aims to review the perspectives of Islamic legal scholars on Arsh in order to establish it as a general theory. However, it should be noted that this review does not propose a structural alteration in the nature of Arsh; rather, it intends to conduct a jurisprudential inquiry into the subject-matter. With regard to the nature of the general theory of Arsh, it can be categorized as a form of damages and compensation resulting from a breach of contract and contractual liability. In such cases, it aligns with the relevant legal principles. The basis of damages in the general theory of Arsh also exhibits a dual nature. While it is rooted in contractual compensation, if such compensation cannot be adequately provided, civil and obligatory liability may be invoked. One of the well-established legal-historical principles in the Civil Law system is the rule of Price Reduction, which bears resemblance to the institution of Arsh (i.e., the financial difference between a defective and non-defective item that is compensated to the customer) in the Islamic legal system. It is noteworthy that the foundation of Price Reduction lies in the principle of Commutative Justice, which serves as the basis for contractual liability in the realm of contract law.