perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-03612article Reza Jahan Panahjahanra919@gmail.com1Qasem Qasemi BivarzaniQasemi56@iau.ac.ir2Master’s Degree in Private Law, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.Assistant Professor of Islamic Theology and Teachings, Department of Islamic Theology and Teachings, Faculty of Humanities, Rasht Branch, Islamic Azad University, Rasht, Iran.<p>One of the areas that brings many challenges in legal systems around the world is the issue of civil liability in automobile manufacturing. A manufacturer is responsible for damages caused by defective vehicles. The increase in traffic accidents has made the civil liability of automobile manufacturers more prominent. If a manufacturer produces a vehicle that is defective and it leads to bodily injury, financial loss, or other damages, the manufacturer will be responsible for compensating the losses.A question that arises in this context is whether proving the fault of the manufacturer is necessary for establishing liability. Another question is whether every defect in a vehicle results in the liability of the manufacturer. Studies indicate that only three types of defects&mdash;design defects, manufacturing defects, and warning defects&mdash;lead to the manufacturer&rsquo;s liability. In cases of design defects and manufacturing defects, the fault of the manufacturer in relation to the connection between the act and the defect must be proven. However, in the case of warning defects and the relationship between the defect and the damage caused, mere causation is sufficient.In English law, product liability law is relatively new. Traditionally, liability for defective products was addressed either under contract law, if a contract existed between the claimant and the defendant, or under the general law of tort after that. Therefore, this article attempts to examine the basis of civil liability in automobile manufacturing in the legal systems of Iran and England through a comparative approach and a descriptive&ndash;analytical method.</p>http://ahrarlawjournal.ir/Article/53271Civil Liability Damage Automobile Manufacturers Attribution Iranian Law English LawperAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-036121634article Hediyeh Fallah Hediyehfallah76@gmail.com1Mostafa Ghafoorian Nejadghaforiyan@hakimtoos.ac.ir.2Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran.Assistant Professor of Jurisprudence and Fundamentals of Islamic Law, Department of Jurisprudence and Fundamentals of Islamic Law, Hakim Toos Higher Education Institute, Mashhad, Iran.<p>The rapid expansion of electronic commerce, while facilitating commercial transactions, has also created new challenges in the field of legal and jurisprudential liability of online sellers, particularly regarding the supply of defective goods. The main issue of this research is to explain the foundations and scope of the liability of online stores in relation to product defects, with an emphasis on the jurisprudential concepts of gharar and digital fraud (tadlis), and to examine their compatibility with Iranian civil law. This study has been conducted using a descriptive&ndash;analytical method and by relying on library sources, jurisprudential opinions, and relevant legal regulations. The findings of the research indicate that offering defective goods, concealing defects, or providing incomplete or misleading information in a digital environment constitutes a form of gharar and digital fraud, and leads to the establishment of liability and civil responsibility for the online seller. Based on the results of the research, online sellers are obliged to guarantee the quality, authenticity, and integrity of goods and to provide transparent and honest information to buyers. Legal supervision also plays an effective role in reducing disputes and protecting consumer rights. The innovation of this study lies in the reinterpretation and development of the jurisprudential concepts of gharar and fraud within the context of electronic commerce and in presenting a jurisprudential&ndash;legal framework for explaining the liability of online stores regarding defective goods, which may serve as a basis for the reform and development of electronic commerce laws.</p>http://ahrarlawjournal.ir/Article/53272Gharar Digital Misrepresentation (Tadlis) Defective Goods Civil Liability Online Store Electronic Commerce.perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-036123551article Afrooz Gholamzad Kohnesari afroozgholamzdeh@gmail.com1Mohsen Khakzadkhakzad@guilan.ac.ir2Mostafa Khazal Vashi mostafa@gmail.com3Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran.Assistant Professor of Public Law, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.Faculty Member in Criminal Law and Criminology, Department of Law, Faculty of Humanities, University of Baghdad, Baghdad, Iraq.<p>Gift, as one of the most important gratuitous institutions in private law, has been regulated with different legal natures and effects in various legal systems. This article, using a descriptive&ndash;analytical and comparative approach, examines the legal nature of gift in the legal systems of Iran, France, and England, and seeks to clarify the fundamental similarities and differences of this institution. The findings of the research indicate that in Iranian law, gift is a specific, gratuitous, and proprietary contract rooted in Imami jurisprudence, the realization of which is subject to delivery (possession), and the principle is the revocability of the donor. In contrast, in French law, gift is recognized as a formal and ceremonial legal act that is realized through the execution of an official deed, and the principle is its irrevocability in order to ensure stability and security in transactions. In English law, gift is mainly analyzed as a unilateral legal act (gift) outside the framework of the classical contract, in which the element of actual or constructive delivery of property plays a fundamental role in its realization, and once completed, revocation is generally not possible. The overall conclusion of the article is that the differences in the legal nature of gift in these three systems reflect the structural differences among jurisprudence‑based, Romano&ndash;Germanic, and common law legal systems. A comparative study of this institution can therefore provide a basis for rethinking the efficiency of the rules governing gifts and for enhancing legal certainty in gratuitous legal relations.</p>http://ahrarlawjournal.ir/Article/53273Contract of Gift Donor Donee Delivery (Possession) Revocation of Gift Comparative Law French Law English LawperAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-036125267article mohadesemortazavi90@gmail.com1Sayyed Ali Jabbar Golbaghi MasoulehSAJ.Golbaghi@iau.ac.ir2Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran. Assistant Professor, Department of Jurisprudence and Law, Faculty of Humanities, Lahijan Branch, Islamic Azad University, Lahijan, Iran.<p>Divorce, as one of the major crises of adulthood, despite the governmental policies in Iran that are based on the principle of &ldquo;minimal divorce&rdquo; and the strengthening of the family foundation, has shown an increasing trend and has become one of the saddest social phenomena. The aim of this research is to examine the developments in legislation within the Iranian legal system (from the Civil Code to the Family Protection Law of 2012) and to identify the structural and executive challenges that have prevented the laws from effectively reducing the rate of separation and ensuring justice. This study adopts a descriptive-analytical method and relies on library research, including the examination of legal texts, the detailed records of the Islamic Consultative Assembly&rsquo;s deliberations, judicial practices, and analyses of the Iranian legal system in the field of family law. The findings indicate that legal developments in Iran have sought to regulate men&rsquo;s right to divorce and to facilitate women&rsquo;s requests for divorce through the expansion of the grounds of hardship and difficulty (osr va haraj). Nevertheless, serious implementation challenges remain, such as interpretative ambiguities in distinguishing between the &ldquo;certificate of non-reconciliation&rdquo; and the &ldquo;divorce decree,&rdquo; the formalistic nature of mandatory counseling sessions, and delays in legal proceedings related to the proof of financial rights such as wage compensation for household services (ojrat al-mesl) and the discretionary gift (nahleh). Moreover, the transition into the era of modernity and the transformation of emotional expectations have deepened the gap between legal provisions and social realities. The results of this research show that the current policies for managing divorce in Iran are largely &ldquo;reactive and remedial,&rdquo; being implemented at a stage when the crisis has already reached its peak. To improve this process, it is necessary not only to standardize judicial procedures but also to focus on preventive education and the reform of contractual conditions within marriage contracts in order to prevent the parties from becoming entangled in prolonged judicial proceedings.</p>http://ahrarlawjournal.ir/Article/53274Divorce Family Protection Law Legal Developments Hardship and Difficulty Implementation Challenges Family Counselor Wife’s Financial RightsperAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-036126880articleMaryam Lotfmaneshlof@gmail.com1Ahmad Pour Ebrahimpourebrahim@iaurasht.ac.ir2Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran. Assistant Professor of Criminal Law and Criminology, Department of Law, Faculty of Humanities, Rasht Branch, Islamic Azad University, Rasht, Iran.<p>Nurses, as one of the main pillars of the health system, play a fundamental role in providing healthcare services, and legal support for their rights has a direct impact on the quality of health services and their job satisfaction. The nature of the nursing profession is such that this occupational group is continuously exposed to physical pressures resulting from long working hours, intensive shifts, shortage of human resources, and the difficult conditions of healthcare environments. At the same time, they are also exposed psychologically and emotionally to stress, job burnout, and heavy ethical and professional responsibilities.In Iran&rsquo;s legal system, numerous laws have addressed the protection of nurses&rsquo; rights either directly or indirectly. These include the Labor Law, the Civil Service Management Law, the Nursing Services Tariff Law, and the regulations and directives issued by the Ministry of Health. Despite this, the dispersion of laws, ambiguity in certain regulations, weak enforcement mechanisms, and implementation challenges have led to a situation in which many of the legal rights of nurses are not fully realized in practice. Delays in the payment of salaries and overtime, discrimination in the payment system compared with other medical groups, temporary and unstable contracts, insufficient legal protection against workplace violence, and incomplete implementation of supportive laws are among these examples.This study was conducted with the aim of analyzing the role of laws and regulations in supporting nurses&rsquo; rights. The research method is descriptive-analytical and has been carried out through the examination of laws, regulations, bylaws, and legal documents related to the professional and occupational rights of nurses.The findings of the study indicate that the existence of supportive laws in areas such as job security, working hours, payment systems, workplace safety, and judicial protection plays an effective role in improving the professional status of nurses and reducing their occupational problems. However, weaknesses in the implementation of laws, ambiguity in some regulations, and institutional inconsistency are among the most significant challenges facing the legal protection of nurses&rsquo; rights. Finally, strengthening the enforcement mechanisms of laws and revising existing regulations are proposed as effective solutions.</p>http://ahrarlawjournal.ir/Article/53275Nurses’ rights nursing laws and regulations legal support health system job justice labor law nursing profession legal analysis.perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-0361281105articleMohsen Pour AliMohsenpourali89@gmail.com1Mohsen Pourmohammadpourmohammad@gums.ac.ir2Master’s student in Private Law, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.Assistant Professor, Department of Islamic Studies, Faculty of Paramedical Sciences, Hazrat Zeynab School of Nursing and Midwifery, Langarud, Guilan University of Medical Sciences, Rasht, Iran.<p>The variability of social life has led to the emergence of new types of contracts whose governing rules cannot easily be found in existing laws. The contract of participation in medical research is one of these emerging agreements. It refers to a situation in which a researcher, within a specific framework, conducts experiments on human subjects in order to achieve legitimate medical objectives. In principle, the consideration and counter‑consideration in this legal act differ from those in other legal transactions and have their own specific definitions. This raises the question of whether such an agreement is valid or not. Another important point is that many studies must necessarily be conducted on individuals who lack legal capacity, such as minors and the mentally incapacitated, or on patients who do not possess sufficient consciousness. Examining the manner of obtaining consent from such individuals is also among the issues for which it is not easy to find a satisfactory answer in existing laws. A study of library sources and attention to the new needs of society lead to the conclusion that the validity of this agreement should be recognized and that, under special conditions, permission should also be granted to conduct research on individuals who legally lack the power to express consent. Another point is that consent in this agreement has a particular nature, and because it affects the element of intention, the absence of consent results in the invalidity of the contract.</p>http://ahrarlawjournal.ir/Article/53282Contract medical research informed consent volunteer freedom of contract Article 10 of the Civil Code. perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-03612106120articleMohammadreza Marzban MoghadamMarzbanmohamadreza001@gamil.com1 najafian@yahoo.com2Fatemeh Shadhanshadha@gmail.com3Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran.Faculty Member in Public International Law, Department of Law, Faculty of Humanities, University of Baghdad, Baghdad, Iraq.<p>Silence in pre‑contractual negotiations is one of the challenging concepts in contract law that may give rise to various legal consequences. Although in the traditional view silence is regarded as the absence of will, in today&rsquo;s complex legal relationships it may sometimes be analyzed as an effective form of legal conduct. The aim of this research is to examine the position of silence in pre‑contractual negotiations with an emphasis on the principles of good faith and legitimate reliance, and to provide a comparative analysis of this concept in Iranian law and some other legal systems, particularly the laws of France and Germany.The research method in this study is doctrinal&ndash;comparative. Accordingly, the theoretical foundations of silence in the stage of pre‑contractual negotiations are first explained through the use of library sources, legal doctrine, and statutory texts. Subsequently, through a comparative approach, the legal systems of Iran, France, and Germany are examined and compared. Within this framework, the main focus is on the conceptual analysis of legal rules and the manner of their interpretation in different legal contexts.The findings of the research indicate that silence in pre‑contractual negotiations is not always without legal effect, and under certain circumstances&mdash;such as the existence of custom, a duty to disclose information, the creation of legitimate reliance, and the breach of good faith&mdash;it may give rise to pre‑contractual liability. The comparative analysis also demonstrates that in some legal systems silence at the pre‑contractual stage is regarded as a breach of pre‑contractual obligations and specific legal consequences are attributed to it.Finally, this research concludes that analyzing silence as a form of legal conduct can contribute to greater transparency, strengthen legal certainty, and reduce contractual disputes. It is therefore suggested that Iranian law, by drawing on comparative legal experiences, provide clearer criteria for evaluating the legal effects of silence in pre‑contractual negotiations.</p>http://ahrarlawjournal.ir/Article/53283Silence Pre‑Contractual Negotiations Good Faith Legitimate Reliance Pre‑Contractual Obligations Pre‑Contractual Liability Comparative Law Contract LawperAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-03612121136articleSadaf Haghparastsadafhaghparast4@gmail.com1Afshin Ghafghazighafghazi@yahoo.com2Yasra Tha'alabisaalbi@gmail.com3Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran.Assistant Professor of Private Law, Department of Law, Faculty of Humanities, Mashhad Branch, Islamic Azad University, Mashhad, Iran.PhD Candidate in Private Law, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.<p>One of the issues that can be discussed, presented, and examined today is the important matter of gender reassignment, as well as the effects of gender reassignment in the medical and social fields and on personal relationships, which are considered significant topics in both medical science and law. Although in the past these issues attracted less attention, today gender reassignment and its problems and consequences for society and spousal relationships have increased, and various challenges have emerged in this regard. In fact, gender reassignment refers to a complete change in the identity and gender of a man or a woman. In Islamic jurisprudence and Iranian law, the issue of gender difference in marriage exists, since marriage between two men or two women is not legitimate; in jurisprudence, it is considered a major sin that entails prescribed punishment. The ruling in this regard is sodomy for men and musahaqah for women. In Iranian law, there are no specific and codified regulations concerning gender reassignment and its effects. Moreover, from a social perspective, this issue is not widely understood among the public. Nevertheless, by relying on Article 167 of the Constitution and Article 3 of the Civil Procedure Code, legal rulings on this matter can be derived, or by referring to jurisprudential sources and the fatwas of jurists, accurate information can be obtained. From the perspective of the common law system, individuals who have undergone gender reassignment benefit from broader legal protections.</p>http://ahrarlawjournal.ir/Article/53299Gender Reassignment Iran and Islamic Jurisprudence Gender Reassignment and Its Medical and Social StatusperAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-03612137151article rasool.fazel.46@gmail.com1Kazem Khosravikhousravay@gmail.com2Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran.Assistant Professor of Criminal Law and Criminology, Department of Law, Faculty of Humanities, Mashhad Branch, Islamic Azad University, Mashhad, Iran.<p>In the Civil Procedure Law, there is a specific definition regarding the meaning of the terms &ldquo;claim&rdquo; and &ldquo;judgment.&rdquo; However, there is no clear definition concerning the meaning of the expressions &ldquo;divisible and severable&rdquo; and &ldquo;indivisible and inseparable&rdquo; with respect to a claim and a judgment, and this ambiguity has prevented a clear interpretation of the legislator&rsquo;s ruling regarding divisible judgments and indivisible judgments. With respect to a severable judgment at the stage of objection to a default judgment (va‑khahi), it has been stipulated that such judgment shall not extend to the benefit of a person who has not filed the objection. The objecting party enjoys almost all the rights of the original defendant, including the right to raise the objections set forth in Article 84 of the Civil Procedure Code. If the basis of the plaintiff&rsquo;s original claim has been a single document in which independent obligations are stipulated for each of the original defendants, and the original severable judgment is annulled for a reason such as the objecting party&rsquo;s challenge to the authenticity of the document underlying the original claim, or the legal capacity of the original plaintiff to bring the action, the judgment issued after the objection proceedings (in this view) cannot be effective only with respect to the objecting party and the respondent to the objection. Rather, the judge&rsquo;s knowledge requires that the issued decision should also have effect with respect to the person who did not file the objection.</p>http://ahrarlawjournal.ir/Article/53300Default judgment objection to a default judgment severable judgment decision of annulment order of dismissal of the claim effect of objection on the rights of the absent convicted party respondent to the objection.perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-03612152171article Sogand Khoda Bandehsogand.khodabande1380@gmail.com1Fatemeh Mahdavimahdavyy@yahoo.com2Master’s Degree in Private Law, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.Assistant Professor of Jurisprudence and Fundamentals of Islamic Law, Department of Theology, Jurisprudence and Fundamentals of Islamic Law, Faculty of Humanities, Qaemshahr Branch, Islamic Azad University, Qaemshahr, Iran.<p>Artificial intelligence, as an effective tool for improving medical decision-making, especially in the process of emergency triage, plays a significant role and can increase the speed and accuracy of diagnosis. However, the use of decision-making algorithms in the clinical environment has created numerous legal and ethical challenges, including the determination of civil and legal liability in the event of medical errors. Liability arising from the use of artificial intelligence may be distributed among the physician, the algorithm designer, and the medical institution, and it requires clear legal frameworks. From the perspective of jurisprudence and Islamic law, the legal personality and civil liability of artificial intelligence are emerging and debated issues that require careful analysis. This article aims to examine the legal liability arising from algorithmic decision-making in emergency triage by reviewing theoretical foundations, international and domestic studies, and legal and ethical challenges, and ultimately proposes solutions for reducing legal risks and protecting patients.</p>http://ahrarlawjournal.ir/Article/53329Artificial Intelligence Emergency Triage Legal Liability Decision-Making Algorithms Medical Law Medical ErrorperAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-03612172194articleElaheh Salehi Ghesmati salehi@gmail.com1Akbar Imanpourak.iman@yahoo.com2Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran..Assistant Professor of Private Law, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.<p>Annulment of marriage, as one of the exceptional yet fundamental institutions in Iranian family law, plays an important role in maintaining a balance between the stability of the family institution and the necessity of protecting the parties against abnormal and difficult situations. Although marriage is recognized in the Civil Code as a binding contract, the legislator, in Articles 1121 to 1128 of the Civil Code, inspired by Imamiyya jurisprudence, has provided specific grounds for annulment so that in cases of defect, duress, misrepresentation, or fundamental discrepancy in the terms of the contract, the injured party may have the possibility of release.This legal institution is based not merely on contractual considerations but on principles such as respect for free will, protection of the physical and mental health of the spouses, prevention of harm, and preservation of the natural functions of marriage. Examination of the physical and sexual defects specified in the Civil Code for each spouse shows that the legislator attaches particular importance to physical health, the ability to engage in marital relations, the absence of chronic and dangerous diseases, and the possibility of effective participation in shared life. Defects such as insanity, impotence, castration, leprosy, vitiligo, and paralysis are all factors that directly disrupt the primary purposes of marriage and, both socially and rationally, make the continuation of marital life difficult or impossible. From this perspective, the rules concerning annulment of marriage are consistent with the protection of natural rights, informed choice, and the ethical principles of family life.In relation to duress, intention and misrepresentation also play a decisive role. By considering a marriage concluded under duress as non‑effective and by granting the right of annulment in cases of misrepresentation or breach of a stipulated attribute, the legislator emphasizes the importance of free consent. This is significant not only because of the contractual nature of marriage but also from the perspectives of human dignity and social and moral values. Marriage without genuine consent lacks legitimacy and real family effects and can lead to serious personal and social harm.Despite the relative clarity of the law in determining the grounds for annulment, certain challenges remain in the Civil Code. The existing provisions are based on a limited list of defects, and many modern physical and psychological conditions that today play a decisive role in the quality of marital life have not been considered. Some rules relating to the defects of men and women also appear legally and socially unbalanced and are not consistent with contemporary concepts of gender equality. Considering medical progress and the possibility of treating many of the defects recognized in the past, the necessity of revising the law should be examined. It is appropriate that broader criteria, such as any defect that substantially affects the purposes of marriage, replace the current limited list, and that judges be allowed, based on expert opinions, to decide on the real impact of a defect on marital life.</p>http://ahrarlawjournal.ir/Article/53354Annulment of marriage physical defects duress misrepresentation insanity impotence leprosy consent Civil Code Imamiyya jurisprudence treatability of defects gender justiceperAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-03612195212articleNasim Roshanfekrnasim@gmail.com1yasaman yaghobiyaghobiyasaman@yahoo.com2Ambar Dwi Erawatierawati@gmail.com3Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran.Associate Professor of Educational Management, Department of Nursing, Shahid Beheshti School of Nursing and Midwifery, Guilan University of Medical Sciences, Rasht, Iran.Master of Science in Private Law, Department of Law, Faculty of Humanities, Widya Husada Semarang University, Semarang, Indonesia.<p>The rapid expansion of artificial intelligence in clinical decision support systems (CDSS) has improved the efficiency of diagnosis and treatment; however, this interaction among physicians, medical staff, and machines challenges the traditional boundaries of civil liability. The purpose of this study is to explain the legal and jurisprudential foundations of physicians&rsquo; liability in the Iranian legal system in scenarios of joint human&ndash;artificial intelligence decision-making (Human&ndash;AI Joint Decisions) and to distinguish it from the liability of system producers. The research method is descriptive&ndash;analytical with an interdisciplinary approach, relying on the Civil Liability Act of 1960, Articles 495 to 497 of the Islamic Penal Code (Ta&rsquo;zirat), and general theories of liability (fault and causation). The findings indicate that within the current structure of Iran&rsquo;s healthcare system, the physician, as the &ldquo;final decision-maker,&rdquo; bears direct civil liability, even when the error arises from incomplete data or complex artificial intelligence algorithms. Nevertheless, the complexities of proving causation and the growing dependence on technological tools highlight the need to reconsider traditional liability regimes. By proposing a framework of risk-based liability for software producers and offering suggestions for legislative reforms to prevent errors caused by fully autonomous systems (Autonomous AI), this article seeks to maintain a balance between technological innovation and the assurance of patient safety.</p>http://ahrarlawjournal.ir/Article/53355Physician civil liability medical artificial intelligence joint clinical decision-making fault causal relationship CDSS producer liability.