Journal Title: پاییز 1403
Article title: Property and Ownership of Organs and Parts of the Human Body and its Effect on the Level of Responsibility of the Medical Team of the Organ Transplant Surgeon from the Point of View of Jurisprudence and Law

Article PDF File:
Page From: 80 To: 88      
Article abstract:
Introduction & Objective: The progress of science and the expansion of social relations and the needs of the society have introduced new concepts and issues in the field of legal science, which law must examine and provide appropriate answers to. For a long time, what could be the subject of the contract and agreed upon by the parties were material objects or some financial rights. But nowadays, sometimes the organs and parts of the human body are also subject to agreement and ultimately transfer. This question has been occupying the minds of jurists and jurists, whether the parts or parts of the human body have all the conditions of material objects, including property, for the transaction to take place or not? The answer to this question, in addition to having a significant effect on the validity or invalidity of human body organ transplantation and its transplantation, is also effective on the level of responsibility of the surgeons of the organ transplant team. Materials & Methods: This article uses the descriptive-analytical method. In this way, all the available sources were studied and scanned and used in different parts of the article. Results: The result of this article is that: despite the existing differences of opinion regarding the property and ownership of human body parts and organs, one can at least give a positive opinion regarding the existence of their potential property. This means that human body parts and parts have potential property as long as they are connected and part of the body and cannot be the object of transaction, but when the part is separated or the part is removed from the body, their potential property becomes actual and an obstacle to the object of transaction. They do not exist. Man's relationship with his body parts is inherent ownership or at least dominion and possession, which is sufficient for the validity of transfer. Conclusions: The results showed that: although there is currently no legal provision regarding the transfer of organs from a living person to another living person, but the approval of the single article of the law on organ transplantation from deceased patients or patients whose brain death is confirmed It has answered some of the existing ambiguities and solved some of the daily needs of the society. Considering that the transfer of organs is allowed under the condition of the will of the deceased or the consent of the heirs in cases of necessity, it can be said that the ownership of body parts and at least the dominion of man over his body parts is accepted, because the premise and condition of the validity of the transfer of human body parts and organs is accepted. It is their property, and the fact that a person can make a will regarding his body parts is based on his dominion over his body parts, and the heirs, acting on his behalf, can allow the removal of organs from the deceased for transplantation after his death.
Article KeyWords:
Property and Ownership, Body Parts, Responsibility of the Medical Team, Jurisprudence, Subject Rights
Article Authors:

	جواد مجیدی	First Author	rainlawyer@gmail.com
	دکتر پرویز عامری	Other Author
	دکتر علی اصغر حاتمی	Other Author