[; LEGAL REGIME OF DONOR ORGANS IN PRIVATE INTERNATIONAL LAW].

Анотація

The purpose of this study is to determine the legal regime of donor organs in private International law. Research material - legal regulation of donor organs in private international law, as well as international judicial practice, scientific views and ideas about the subject of research.; Based on the scientific analysis, the authors draw the following conclusions. In particular, the conclusion that the organ removed from a living donor, as well as the body of a deceased person, have a dual nature. They belong to material objects that are capable of carrying both property and non-property worth. If an organ taken from a living donor or the body of a deceased person is considered property, then they acquire the regime of things restricted in civil circulation. At the same time, it is concluded that the property component of such boons does not prevent them from simultaneously acting as and objects of non-property legal relations. In addition, the paper separately pays attention to the in vitro embryo, which has the potential ability to be transplanted into the human body. Based on the analysis of judicial practice of various international instances an assumption is made that, by its nature, has a natural ability to be considered in law not only as an object of property and non-property legal relations, but also as a subject of law (quasi-subject of law). In this regard allocated three basic legal approaches applied in private international law to an in vitro embryo, namely: 1) an embryo in vitro - a subject of law; 2) an embryo in vitro - an object of law; 3) an embryo in vitro - an intermediate subject-object state, a legal phenomenon sui generis.

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