Legal Issues Related to Donation of Organs, Tissues and Cells of Human

• Author: Virgil Erdei, Nicu Duret, Gabriela Mironov
• Pages: 133-137

Legal Sciences

133

Legal Issues Related to Donation of Organs,

Tissues and Cells of Human Origin

Virgil Erdei

1

, Nicu Duret

2

, Gabriela Mironov

3

1

The Bucharest Bar, virgilerdei@yahoo.com

2

Danubius University of Galati, Faculty of Law, nicuduret@univ-danubius.ro

3

Danubius University of Galati, Faculty of Law, gabriela.duret@univ-danubius.ro

Abstract: Scientific developments, positive changes in attitude of the man and the new legal fr amework

allow the donation of organs, tissues and cells of human origin. In this context it is necessary to clar ify

whether the donation covered by the special law is, legally, one and the same a s tha t c overed by the

Romanian Civil Code in f orce and qualified the successor’s right to accept or reject late withdrawals for

transplantation. The right to life and physical integrity is personal patrimony; it is a subj ective civil right that

has no economic content and it ca nnot be measured in money. Consequently, the content of these rights can

not be expressed in money, the property does not belong to t heir owner. Given the a bove view, "the right of

disposal" to donation of organs, tissues and cells of human origin is an at tribute of ownership, right to life and

physical integrity, as a personal right that is an intimate attribute patrimonial related to the per son’s right to

dispose of his body as it wishes, within the law. Addressing these issues it is necessary to clarify the legal

consequences of donating organs, tissues and cells of human origin, considering that medical activities are

becoming more numerous.

Keywords: civil code; ownership; right of disposal; donation; succession

1. Regulation

Romanian Civil Code in force does not regulate organ donation of human tissues and cells.

Special regulation of donation of organs, tissues and cells of human origin

1

is given by: Constitution

of Romania;nr.17/2001 Law on ratification of European Convention for the protection of human rights

and human dignity to the application of biology and medicine, The Convention of Human Rights and

Biomedicine signed in Oviedo on April 4, 1997, and the Additional Protocol to the Convention for the

1

The new Civil Code (Law no. 287/2009) contains provisions regardi ng s uch a "donation", covering differently the

collecting and transplant from a living donor or from deceased person, as follows:

- article 68: "collecting and transplant from living persons. (A) Collecting and transplant of organs, tissues and cells of human

origin from living donors are made only in cas es provided by law, written agreement, free, a nd only after having been

informed in advance about the risks of the intervention. In all cases, the donor may change his mind, until the levy.

(2) It is prohibited the removal of organs, tissues and cells of human origin from children and from alive people, without

discrimination because of their mental disability, a severe mental disorder or a similar reason, outside cases expressly

provided by law."

- article 81. "collecting from deceased per son. Collecting organs, tissues and cells for therapeutic or sc ientific purposes from

the deceased can be made only as provided by law, written agreement, expr essed during the life of deceased or, failing that,

by written agr eement, free, prior and expressly given by the surviving spouse, parents, offspring or, finally, the relatives of

the sideline including the fourth degree.”