GENERAL CHARACTERISTICS OF CONTRACTUAL REGULATION OF LEGAL RELATIONS OF CADAVERIC DONATION

Abstract

The author of the article deals with the issue of contractual regulation of cadaveric donation; the author has grounded the topicality of the mentioned theme.

The author has determined the main features of legal relations that arise during the activities related to cadaveric donation. It has been also established that the grounds for such legal relations are the existence of a complex legal fact. The author has separated the grounds for the emergence of legal relations into medical and legal ones.

The main attention has been focused on the peculiarities of the regulation of legal relations of cadaveric donation in terms if a contract on cadaveric donation and a contract on transplantation of organs and other materials were concluded. The author has provided characteristics and definition of the essential conditions of each of the contracts. A contract on cadaveric donation has been defined as a bilateral, non-reciprocal, consensual, public contract concluded between the deceased donor’s family members and the medical institution regarding the removal of organs or other anatomical materials from the deceased person for their subsequent transplantation to the recipient’s patient.

A contract on transplantation of organs and other anatomical materials concluded between the recipient and the medical institution is bilateral, consensual, non-reciprocal.

Summarizing all the above, the author has offered to apply a contractual regulation of legal relations of cadaveric donation by developing norms and amending the civil law.