Legal Organization of the Contract Medicinal Experiment on Children (A Comparative Study)

Abstract

      Medical medicinal experiment is not new, they appeared with Man seek  for remedy; it did not subject to certain legal organization. With the development of humanity and legal thought as well as the increasing respect for human rights, the medicinal experiment has a legal frame; the medical medicinal experiment contract appeared; it is a contract between the one who conducts the experiment and the one who subjects to it, its aim is the remedy of the subject one from a disease that the traditional medical device could not treat. All society individuals, including children,  are subject to infection. It is meant by children the person since the birth to the maturity. Article No. 106 of the Iraqi civil law No. 40 for 1951 had defined maturity to be at 18 ye ars old. The medical medicinal experiment differs from the medical scientific experiment on the level of their aims. For the medical medicinal experiment, the aim is remedy of the patient from a sever disease, while for medical scientific experiment the aim is the scientific research, that is to say to develop the medical sciences, so the aim is a pure scientific one where a sound person would subject to medical scientific experiment.