TRANSPLANTATION OF HUMAN ORGANS AND TISSUES AS A CIVIL LAW RELATIONSHIP

Abstract

This scientific article is devoted to the contemporary problems of legal regulation of the transplantation of human organs and tissues as an object of civil law relationships. The study conducts a comprehensive analysis of the legal status of organs and tissues of the human body, their property law nature, and their degree of negotiability in civil circulation. Furthermore, during the research, the theory of somatic rights, the presumption of consent, contractual relations, and the principles of prohibiting commercialization were examined using the examples of international law and the experience of foreign countries. It is substantiated that human organs and tissues are not ordinary objects of property (commodities) but rather specific (sui generis) objects with restricted circulation. The experience of foreign countries and national legislation, in particular the Civil Code of the Republic of Uzbekistan and special normative-legal acts in this field, were analyzed, and practical proposals were developed to eliminate existing legal gaps and ensure citizens’ constitutional rights to the protection of life and health.