Author/Editor		Tratnik, Matjaž
Title		Pravni položaj delov človeškega telesa v primerjalnem pravu
Type		članek
Source		In: Flis V, Reberšek-Gorišek J, Rijavec V, et al, editors. Medicina in pravo: izbrana poglavja: 2001, 2002, 2003. Maribor: Splošna bolnišnica Maribor,
Publication year		2004
Volume		str. 77-83
Language		slo
Abstract		To determin the legal status of human body partrs the basic guestion is: can the human body and its parts be defined as objectst? In German legal systems, the individual body parts can be considered as movable objects. But the legal treatment of different parts varies depending upon which legal theory is considered. Under cantract law, for example, the general principle, that a contract should not be contrary established moral principles for example, while the selling of the sperm through an announcement in the newspaper is considered immoral and, therefore void, the selling a the cut off braid of hair, in the same way, from the moral view, is not problematic, and therefore valid. However, in the sphere of the tort and criminal law the different treatments of various body parts is more problematical and, therefore demand from lawyer (jurist) more creativeness.
Descriptors		ORGAN TRANSPLANTATION ORGAN PROCUREMENT TISSUE DONORS CADAVER