Fabrics and human organs as objects of civil rights: monograph. Trubina V.A.

Large-scale scientific discoveries in the field of biomedicine and genetics of the XX-XXI centuries. marked the transition to fundamentally new approaches in the field of healthcare and studying a person, predetermining the qualitative rethinking of the meaning of human biomaterials for science and medicine, as well as the emergence of a new object of law. The level of development of modern science and technology opens up wide possibilities for using tissues and human organs for medical, scientific, production and other purposes in the absence of sufficient legal regulation of their affiliation and turnover. This publication is a comprehensive study of the legal nature of separated tissues, organs and other human biomaterials taking into account their dual nature - as objects of the material world and as carriers of genetic (genomic) and other information. The subjective rights to tissues and human organs are characterized in detail, the legal nature of informed voluntary consent, often acting as the only basis for the use of biomaterials and the information contained in them, is determined. Based on the analysis of the dominant legal approaches to this issue in the countries of the Romano-German and Anglo-American legal systems, the author’s concept of legal regulation of tissues and human organs as objects of civil rights is proposed. The book is designed for students, graduate students, researchers and practicing lawyers, and is also intended for all those who are interested in science, the development of modern civil law and biotechnologies. It can be used in scientific and billing work, as well as in the teaching of civil law and special courses in biomedicine.