Unit:
Κατεύθυνση Αστικό ΔίκαιοLibrary of the School of Law
Supervisors info:
Κωνσταντίνος Ν. Χριστοδούλου, Αν. Καθηγητής, Νομική Σχολή ΕΚΠΑ
Δήμητρα Παπαδοπούλου-Κλαμαρή, Καθηγήτρια, Νομική Σχολή ΕΚΠΑ
Ανθή Πελλένη-Παπαγεωργίου, Καθηγήτρια, Νομική Σχολή ΕΚΠΑ
Original Title:
Δικαιοθεωρητικά ζητήματα αναφορικά με το ιδιωτικό δίκαιο των μεταμοσχεύσεων
Translated title:
Legal Theoretical Issues Concerning Private Transplant Law
Summary:
This work is doing a research in the theoretical issues which already supervene or may supervene in private law of transplants, as well as its interaction with the public law area. The research begins with the constitutional rights which determinate prosedure of transplans and basic principles.
Given the fact that they create different legal problems, a distinction is made between in vivo and post mortem transplantation, considering that the donor is alive or not. In the first case, an attempt is made to approach the "informed" consent on organ donation, more precisely the concept of patient's consent in general in relation to the donor's consent in particular. Also, the manner and content of the information is mentioned as a basic condition for a valid consent on the one hand and as a criterion for interpreting the declaration of will of consensus on the other.
Furthermore, the problem focuses on the donor's face in post mortem transplantation and, in particular, on the general state of interest governing the issue of donor consent as a relationship between public and private law. The triangular relationship of post mortem transplantation involves first the will of the dead, the public interest and donor's family. Following a critical approach to Article 55 (4) of Law 4055/2012, which raises this issue, research is done in the interpretation of consent on in vino and post mortem transplantation (in front of the recipient, the doctor, the EOM) in propotion to legal transaction and the role of consumer protection law in interpretation. Finally, some of the final reflections of the writer and de lege ferenda on the issues raised have been developed, as well as a philosophical view of the bioethical dimension of research.
Main subject category:
Law and Legislation
Other subject categories:
Civil Law
Medical Law
Keywords:
consent, donor, recipient, doctor, transplants
