Organ Donation and Property Law: Transfer of Ownership of Organs?

GRIN Verlag
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Essay from the year 2012 in the subject Law - Civil / Private / Law of Obligation / Property Law, grade: 8,5, Maastricht University, course: Legal Writing , language: English, abstract: According to John Locke “Every man has a property in his own person”. Whether this theory can be regarded as being correct is going to be answered in this paper, as it deals with organ donation and its relation to the field of property law, especially that of new objects of property law. Due to the fact that there is an increasing development of biomedical research and technology, the human body is treated differently. Beside the many ethnical concerns, organ donation can be illuminated from a legal point of view, namely at what point in time property law plays a role and how far it can influence organ donation itself. There is a growing need to determine whether and under which circumstances we own our organs and how we can legally transfer them to another proprietor. It cannot be denied that property law is an important topic with regard to organ donation, because beside other new objects in the field of property law, such as emission rights or virtual property, it does not only seem to be interesting but also necessary to determine whether we own our human body and its organs and how they can be transferred to another person in a legal way. Even though human organs differ from the usual objects of property law, one can principally establish the same questions as with regard to other objects of that topic, for example how ownership can be transferred. But one should keep in mind that because the human body is involved it is a highly sensitive and ethical issue. Due to the fact that the main focus lies on property law and especially on the concept of ownership the ethical issues will not be addressed extensively, because this would be beyond the scope of this paper. Corollary, there is a central research question, namely: Can the transfer of ownership of organs within different European Union countries take place, and under which circumstances can it take place? I use a deductive reasoning method, meaning that I start with the more general issue and principles of ownership itself, in order to be able to answer the more specific research question in the end. It seems to be interesting to find out, how the basic concept of ownership can be applied to such a specific topic as the human body and its organs....
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Publisher
GRIN Verlag
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Published on
May 24, 2013
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Pages
17
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ISBN
9783656428015
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Language
English
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Genres
Law / Civil Law
Law / General
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Content Protection
This content is DRM protected.
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Eligible for Family Library

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Seminar paper from the year 2012 in the subject Law - Civil / Private / Law of Obligation / Property Law, grade: 72, Cardiff University (School of Law), course: LLB Module Sales of Godds and Agency, language: English, abstract: In this essay I will analyse the appropriateness of the reform of the law on the passing of property of a specific quantity of goods forming part of a bulk by measuring it against its objectives, examining how far it solves the problems of the old law and considering the inconsistencies which introduces into the Sales law. Firstly, the problems of the law before the reform and the reasons for the reform will be discussed. Secondly, the law introduced by the reform will be described; and thirdly, the solution offered by the reform and its interaction with the rules on passing of property and passing of risk will be critically analysed. The author will argue that while the reform seemingly successfully responds to all problems of the old law, after scrutiny it is clear that the reform suffers from inconsistency and immanent injustice and fails to provide the intended protection to the buyer. Until September 1995 where a buyer bought a specified quantity forming part of an identified bulk, i.e. 250 tons of wheat from a named ship carrying a cargo of 500 tons, he could not acquire property in the goods until the goods were ascertained. This was result of a mandatory rule in s. 16 which provided that “where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained”. The most serious consequence of the mandatory rule in s. 16 was that the buyer did not acquire property in the goods even though he had paid for it and received a document purporting to be a document of title. If the seller became insolvent before the goods were ascertained, both the paid price and the goods in the bulk passed to the office-holder in insolvency for the benefit of secured creditors and the buyer happens to be merely an unsecured creditor with no proprietary claim to his goods. As follows the seller ́s secured creditors might receive an undeserved windfall, because both the goods and the paid price might fall into the assets of the insolvent seller in liquidation. The Sale of Goods (Amendment) Act 1995 attempted to solve this undesirable situation by introducing an exception to s.16. In s. 20A (1) it was introduced that unless otherwise agreed the prepaying buyer purchasing specified quantity of an identified bulk acquires an undivided share in the bulk ad becomes a tenant in common of the bulk.
Essay from the year 2017 in the subject Law - Civil / Private / Law of Obligation / Property Law, grade: A, University of Lyon 2, course: Law, language: English, abstract: The use of proprietary interests as a way of securing performance of obligations is a major part of financial transactions and the provision of security promotes economic growth by enabling access to finance. Given the importance of security to a country in achieving economic growth, it is important for a country to have modern laws governing the use of proprietary interests as protection against credit risk. The promulgation of the Kenyan constitution in 2010 facilitated the repeal of old laws and the coming about of new proprietary and security laws. The Kenyan Parliament passed three bills into law in respect to real property on the 2nd day of May 2012, being the National Land Commission Act, the Land registration Act and the Land Act. These Acts repealed a number of statutes that had been in existence as far back as 1899. The Land Act gives effect to Article 68 (The Constitution of Kenya, 2010) which generally requires Parliament to revise, consolidate and rationalize the land laws in Kenya. The aim of having these new laws was to create a sound investment climate that would provide sound legal and regulatory framework for enterprises and undertakings and improve access to key financial and infrastructure services. We shall concentrate on the aforementioned laws and the registration of the various interests in property under the said regimes.
In this fifth edition of his bestselling classic, Jay Feinman provides an authoritative and up-to-date overview of the American legal system. In the years since the publication of the fourth edition, there have been many important developments on the legal front. The Supreme Court has issued important decisions on presidential powers, freedom of religion, and personal liberty. Police shootings and the rise of Black Lives Matter has impacted the court system too. The rise of arbitration at the expense of jury trials has affected the rights of consumers, and internet law remains in a state of constant change. This fully updated fifth edition of Law 101 accounts for all these developments and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To illustrate how the legal system works, Feinman draws from noteworthy, infamous, and even outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is understanding legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, Feinman reveals to readers of all kinds that despite its complexities and quirks, the law can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system.
The way a crime is defined is through criminal investigation. Criminal investigation is a multi-faceted effort that involves the study of facts presented by a criminal act or pattern of criminal conduct. These facts are then used to identify, locate and prove the guilt or innocence of a person or persons. Criminal investigation is usually carried out by a law enforcement agency using all of the resources available to discover, locate or establish evidence proving and verifying the relevant facts for presentation to a Court or other judicial authority.

But how are these facts discovered? What resources do law enforcement use to uncover them? What is the process for a successful criminal investigation? In fact, how can we even define what is “criminal” in the first place? Daniel A. Reilly answers all these important questions, while providing the step by step process to gather facts, information, data, and evidence.

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