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Parties to the Medical Services Contract and Their Core Obligations (Primarily under Georgian and German Law)

By Giorgi Kantaria

Law and World · Vol. 11, No. 36, pp. 60-92 · 2025

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Abstract

Creating a legal framework to regulate contractual relations between patients and healthcare providers, or improving the existing one, is the main task of any legal system. In this process, it is necessary to take into account the specifics of legal relations, analyze the challenges in practice, and based on them, determine the rights and obligations of the parties on a fair basis.

This article analyzes the legal and factual situation of the parties to a medical service contract, the challenges they face, and ways to overcome them. Special attention is paid to the issue of providing medical services to minors and patients who cannot make informed decisions, and the scope of participation of their parents, legal representatives, and relatives in this process.

In addition, the article discusses the main obligations of the medical service provider. Of course, the specific rights and obligations of the parties are determined in each case based on their needs and an individual contract. However, in this case, the legal and ethical obligations common to any medical service contract are analyzed, namely the obligation of the medical service provider to inform the patient, take care of him, protect confidentiality, and maintain medical records.

The article is mainly prepared according to Georgian and German law, although for comparison, common law doctrine and the experience of other countries (including post-Soviet ones) are often used.

Details

Publication type
Journal article
Author
  • Giorgi Kantaria - Doctoral Candidate of Law, Ivane Javakhishvili Tbilisi State University, Attorney, Guest researcher, Tbilisi-Hamburg, Georgia-Germany
Journal
Law and World
Publication
December 30, 2025
Volume
11
Issue
36
Pages
60-92
Language
English
DOI
10.36475/11.4.4
ISSN
2346-7916
Institutions
Ivane Javakhishvili Tbilisi State University
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Private Law

Keywords

Medical law parties to a medical service contract patient representation basic obligations of a doctor

Cite this record

Kantaria, G. (2025). Parties to the Medical Services Contract and Their Core Obligations (Primarily under Georgian and German Law). Law and World, 11(36), 60-92. https://doi.org/10.36475/11.4.4
Kantaria, Giorgi. "Parties to the Medical Services Contract and Their Core Obligations (Primarily under Georgian and German Law)." Law and World 11, no. 36 (2025): 60-92. https://doi.org/10.36475/11.4.4.
@article{kantaria2025_6ak1pq,
  title     = {Parties to the Medical Services Contract and Their Core Obligations (Primarily under Georgian and German Law)},
  author    = {Kantaria, Giorgi},
  year      = {2025},
  journal   = {Law and World},
  volume    = {11},
  number    = {36},
  pages     = {60--92},
  doi       = {10.36475/11.4.4},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/919},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Kantaria, Giorgi
TI  - Parties to the Medical Services Contract and Their Core Obligations (Primarily under Georgian and German Law)
PY  - 2025
JO  - Law and World
VL  - 11
IS  - 36
SN  - 2346-7916
DO  - 10.36475/11.4.4
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/919
AB  - Creating a legal framework to regulate contractual relations between patients and healthcare providers, or improving the existing one, is the main task of any legal system. In this process, it is necessary to take into account the specifics of legal relations, analyze the challenges in practice, and based on them, determine the rights and obligations of the parties on a fair basis. This article analyzes the legal and factual situation of the parties to a medical service contract, the challenges they face, and ways to overcome them. Special attention is paid to the issue of providing medical services to minors and patients who cannot make informed decisions, and the scope of participation of their parents, legal representatives, and relatives in this process. In addition, the article discusses the main obligations of the medical service provider. Of course, the specific rights and obligations of the parties are determined in each case based on their needs and an individual contract. However, in this case, the legal and ethical obligations common to any medical service contract are analyzed, namely the obligation of the medical service provider to inform the patient, take care of him, protect confidentiality, and maintain medical records. The article is mainly prepared according to Georgian and German law, although for comparison, common law doctrine and the experience of other countries (including post-Soviet ones) are often used.
KW  - Medical law
KW  - parties to a medical service contract
KW  - patient representation
KW  - basic obligations of a doctor
KW  - სამედიცინო სამართალი
KW  - სამედიცინო მომსახურების ხელშეკრულების მხარეები
KW  - პაციენტის წარმომადგენლობა
KW  - ექიმის ძირითადი ვალდებულებები
SP  - 60
EP  - 92
ER  -
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