Autonomy of the patient's will and capacity to consent: a reflection on the irresistible coercion

被引:0
|
作者
Beltrao, Silvio Romero [1 ]
机构
[1] Univ Fed Pernambuco, Direito, Recife, PE, Brazil
来源
关键词
Autonomy of the Will; Doctor-patient Relationship; Irresistible Coercion;
D O I
10.11606/issn.2316-9044.v17i2p98-116
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This paper aims to investigate the validity of the patient's consent from the moment that he is influenced by pain and suffering and needs to declare that he will accept a particular treatment. The research is interdisciplinary and uses the general theory of civil law for the validity declaration of the legal business. The doctor-patient relationship requires a complete overview on the elements and requirements that are to be valid in law. As a starting point, this article analyzes the doctor's relationship with Jehovah's Witness religion, to check the validity requirements of the statement of intent. It investigates the expression of the will as the main element of the transaction to define at the end those conflicts involving the study of freedom of choice and the difficulty of resolution of cases in concrete.
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页码:98 / 116
页数:19
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