The Condition of Guaranteeing Result in Treatment Contracts with a Look at Judicial Practice

Articles in Press

Document Type : Original Article

Authors

1 PhD student at Kharazmi University

2 Master's degree, Department of Private Law, Faculty of Law and Political Science, University of Science and Research, Tehran, Iran.

3 Master's degree, Department of Private Law, Faculty of Law and Political Science, University of Tehran, Qom, Iran.

Abstract

Treatment contracts are one of the types of contracts that face many legal-judicial challenges. This issue is due to the multidimensional nature of the treatment contract as well as the advances and new technologies in the field of medicine and treatment.

The conditions included in the treatment contract and the accuracy and authenticity of each are important from a legal perspective. One of the conditions that may be included in the treatment contract for the benefit of the patient is the condition of guaranteeing the result.

In order to answer the question of what the condition of guaranteeing the result in treatment contracts means and whether the said condition is correct from a legal-judicial perspective or not, a necessary study was conducted by applying the descriptive-analytical method and collecting information in a library manner.Therefore, if condition of guaranteeing the result means that the doctor will make an effort to ensure the patient's health and recovery, and if treatment and recovery are not achieved, he will pay the patient some money or seek compensation in any way, it is correct and there is no objection to it from a jurisprudential perspective, and it does not seem to be illegitimate or impossible. However, if it means that healing and treatment are at the doctor's disposal, it is considered illegitimate and impossible, and it is a void condition that does not invalidate the contract.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 14 October 2025

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History

  • Receive Date: 06 September 2025
  • Revise Date: 01 October 2025
  • Accept Date: 14 October 2025

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