EIRP Proceedings, Vol 5 (2010)

Abstract

Scientific developments, positive changes in attitude of man and the new legal framework allowing the donation of organs, tissues and cells of human origin. In this context it is necessary to clarify whether the donation covered by the special law is, legally, one and the same as that covered by the Romanian Civil Code in force and qualified successors right to accept or reject late withdrawals for transplantation. Useful in the characterization of "right of disposal is to classify the right to life and physical integrity. Right to life and physical integrity is personal patrimonial, is  a subjective civil right that has no economic content, can not be measured in money. Consequently, the content of these rights can not be expressed in money, property not belonging to their owner. Given the above view that "the right of disposal" to donation of organs, tissues and cells of human origin is an attribute of ownership, right to life and physical intergrate as a personal right that is an attribute intimate patrimonial related to the right person to dispose of his body as it wishes, within the law. Addressing these issues is necessary for clarification of the legal consequences of a donation of organs, tissues and cells of human origin such as medical activities are becoming more numerous.