Exemption from liability arising from the harms of corona vaccine vaccination

Authors

  • Anwar Mohameed Hadi
  • Akram Hayawi Touma

Abstract

According to the general rules, the rules of contractual liability constitute a wide field for the parties' agreements amending the responsibility in terms of stress or exemption because they are not related to public order, in contrast to the rules of tort, which are related to public order, so individuals do not find a way to agree to amend them. Within the scope of our research, it is possible to determine the nature of The relationship between the state and the vaccine manufacturing company is contractual, but this description does not apply to the company’s relationship with the natural persons who receive the vaccine. Thus, exempting the company from compensating the damages resulting from the vaccine is a violation of the general rules, especially since this issue constitutes a direct impact on the human body. Responsibility, including the Iraqi legislator, but the exemption does not include the manufacturing company only, but also the supplier and the medical personnel involved in the vaccination process. It is necessary, then, to define the parameters of the exemption condition and limit its scope to the narrowest scope so that it is not measured against it in similar cases.

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Published

2023-01-02