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Le consentement du patient en droit de la santé

Abstract : The appeal(recourse) to the care is daily thing for all the individuals. The latter are actually subjected(submitted) in their everyday life(daily paper) to the medical emanating constraint of "right-claim"("right-debt","law-claim") in the protection of the health planned in the paragraph 11 of the Introduction of the Constitution of 1946. Nevertheless, in a parallel to(at the same time as) this development of the access to healthcare, got free the subjective right(law) for the health which forbids any infringement(achievement) on the health of the individual. These two meanings of a word of the right(law) for the health interact to the point that the first one(night) becomes a real constraint for second. It is thus essential to find solutions so that a balance can become established between these two conceptions(designs). The consent in the care of the patient establishes(constitutes) validly a consequence of the subjective conception(design) of the right(law) for the health. Dedicated by the law of March 04th, 2002, relative to the rights of the patients, the right(law) for the consent arranges no fastening with an operating fundamental standard, for the moment. He(it) is in reality often reached(affected) by the appeal(recourse) compulsory for the care. This study thus attempts to demonstrate that the right(law) for the consent in the care presents a relative effectiveness and that it is then essential to connect him(it) with pre-existent fundamental right
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Submitted on : Wednesday, February 3, 2016 - 5:12:19 PM
Last modification on : Tuesday, January 14, 2020 - 10:38:03 AM
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  • HAL Id : tel-01267019, version 1



Morgan Le Goues. Le consentement du patient en droit de la santé. Droit. Université d'Avignon, 2015. Français. ⟨NNT : 2015AVIG2042⟩. ⟨tel-01267019⟩



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