Publication details
Právní povaha pohlavních buněk a následky spojené s jejich poškozením
| Title in English | The legal nature of gametes and the consequences associated with their damage |
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| Authors | |
| Year of publication | 2022 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
| Description | The human body and its parts have a special regime in Czech law. In general, they cannot be considered (movable) objects in the legal sense, which is important for their removal and disposal. In the case of gametes, the situation is specific. The Civil Code foresees that body parts that can be removed without numbing and that are renewed naturally can be considered as things (based on a legal fiction). Leaving aside the ethical aspects, it is necessary to consider whether the fiction can be applied not only to nails, hair, etc., but also to individual gametes, i.e. sperm and eggs. Furthermore, the public law on assisted reproduction, during which gametes are routinely collected, stored and subsequently used for reproductive purposes, cannot be ignored. What legal claims can be made if the clinic damages them in violation of lege artis procedures? Can claims be made for damages or injury for interference with personal (reproductive) rights? |