Vusala Muradkhanli: Evaluation of Human Organs and Tissues from the Perspective of Property Law

Vusala Muradkhanli: Evaluation of Human Organs and Tissues from the Perspective of Property Law in the Context of the Experience of the United States, England, Australia, Germany, and Turkey

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Vusala Muradkhanli notes that the rapid advancement of medicine in the modern era has brought the issue of the legal status of human organs and tissues back to the forefront of discussion. Extensive debates surrounding this topic are particularly taking place within the legal systems of the United States, England, Australia, Germany, and Turkey.

Since the end of the last century, medical achievements have enabled various procedures involving human organs and tissues. Events such as the transplantation of a pig's heart into a human body have become a scientific reality. Vusala Muradkhanli emphasizes that such progress renders legal regulation inevitable.

In U.S. jurisprudence, the most renowned case concerning the legal status of human organs is Moore v. Regents of the University of California. In this case, research was conducted on an individual's biological material without their consent, yielding results of commercial value. However, the Supreme Court of California ruled that a living person can not assert a property right claim over their own organs.

Courts in England and Australia, in certain instances, have demonstrated a more open approach to recognizing property rights in human biological materials. In German law, the concept of a "thing" (Sache) is interpreted broadly, and under specific circumstances, organs are evaluated within this framework, although the right of disposal is subject to significant restrictions.

In Turkish law, blood and tissue may, in certain cases, be considered property (esya). However, a corpse is not, in principle, classified as such. Vusala Muradkhanli emphasizes that while approaches vary across different legal systems, the primary issue remains the absence of a unified legal mechanism.

In Azerbaijani legislation, the property-law status of human organs and tissues is not directly defined. Vusala Muradkhanli contends that, considering contemporary medical realities, there is a need for clear and systematic legal regulation in this field.
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