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National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
Disposing of human organs under private law
 Mintálová, Anna ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
Over the last decades, we could witness an enormous scientific progress causing us to be able to heal diseases we could not just couple years ago. Though, this progress often interferes with bodily integrity of others as a part of their personality rights. It is therefore a challenge for the legislator to set firm borders. The purpose of my thesis is to discuss the legal nature of human body as well as current legislation on the disposal with it in Czech Republic and in Germany. Also some proposals are made at the end of the thesis on how to moderate the organ shortage. The uncertain legal nature of dead human body and separated body parts hinders accurate regulation of the matter in civil law. While living human body is generally seen as an integral part of the personality, there are two ways in which dead human body is looked upon. One considers it as an integral part of personality, which cannot be separated even after death. The other connects the personality strictly to the ability of thinking and acting. Thus the body becomes a subject upon the death. Synthesis of these approaches finds the regime of dead human body depending on the sort of disposal. While donating ones body to certain person indicates personality rights, donating it anonymously speaks rather for right in rem. What the human...
Detailed record
Disposing of human organs under private law
 Mintálová, Anna ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
Over the last decades, we could witness an enormous scientific progress causing us to be able to heal diseases we could not just couple years ago. Though, this progress often interferes with bodily integrity of others as a part of their personality rights. It is therefore a challenge for the legislator to set firm borders. The purpose of my thesis is to discuss the legal nature of human body as well as current legislation on the disposal with it in Czech Republic and in Germany. Also some proposals are made at the end of the thesis on how to moderate the organ shortage. The uncertain legal nature of dead human body and separated body parts hinders accurate regulation of the matter in civil law. While living human body is generally seen as an integral part of the personality, there are two ways in which dead human body is looked upon. One considers it as an integral part of personality, which cannot be separated even after death. The other connects the personality strictly to the ability of thinking and acting. Thus the body becomes a subject upon the death. Synthesis of these approaches finds the regime of dead human body depending on the sort of disposal. While donating ones body to certain person indicates personality rights, donating it anonymously speaks rather for right in rem. What the human...
Detailed record

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