Application of the classification of types of things to human organs and tissues

With the development of biotechnology, the possibility of human organs and tissues acting as objects of various legal relations becomes obvious: compensated or gratuitous alienation, exchange, etc. However, at present there is no single position regarding the legal nature of human biomaterials. The most popular solution is to recognize organs and tissues as things limited in circulation. However, it is possible to note the lack of sufficient argumentation of the grounds for limiting circulation and the list of types of things to which biomaterials belong. As a result, it is impossible to determine the characteristics of body parts as objects and to form their legal regime. The published work provides a detailed analysis of various approaches to the features of things, created through the study of the works of scientists on this issue using various methods of scientific knowledge (analysis, synthesis, induction, deduction, comparative legal and others). As a result, the author's approach to the features of divisible, indivisible, individually defined, consumable, non-consumable, withdrawn and limited in circulation things is formed. Further, based on the examination of the presence of characteristics in organs and tissues, their classification as divisible or indivisible (depending on the type), unique and individually defined, consumable or non-consumable (depending on the method of use) and limited in circulation items is argued.

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Publication Details

Journal
Gaps in Russian legislation
Published
2024-09-15
DOI
https://doi.org/10.33693/2072-3164-2024-17-6-087-092
Citations
1
Primary Topic
Medical and Biological Sciences
Type
article
Field-Weighted Citation Impact
3.28
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article

Application of the classification of types of things to human organs and tissues

A.A. BYZOV
1 citations
Gaps in Russian legislation
Medical and Biological Sciences
3.28
article

Application of the classification of types of things to human organs and tissues

A.A. BYZOV
article en
1 citations

Abstract

With the development of biotechnology, the possibility of human organs and tissues acting as objects of various legal relations becomes obvious: compensated or gratuitous alienation, exchange, etc. However, at present there is no single position regarding the legal nature of human biomaterials. The most popular solution is to recognize organs and tissues as things limited in circulation. However, it is possible to note the lack of sufficient argumentation of the grounds for limiting circulation and the list of types of things to which biomaterials belong. As a result, it is impossible to determine the characteristics of body parts as objects and to form their legal regime. The published work provides a detailed analysis of various approaches to the features of things, created through the study of the works of scientists on this issue using various methods of scientific knowledge (analysis, synthesis, induction, deduction, comparative legal and others). As a result, the author's approach to the features of divisible, indivisible, individually defined, consumable, non-consumable, withdrawn and limited in circulation things is formed. Further, based on the examination of the presence of characteristics in organs and tissues, their classification as divisible or indivisible (depending on the type), unique and individually defined, consumable or non-consumable (depending on the method of use) and limited in circulation items is argued.

Gaps in Russian legislationVol. 17(6)
Kutafin Moscow State Law University (RU)
Openalex Percentile: Top 7%
Medical and Biological Sciences
3.28
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