Legal nature of transplant medical care

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In the article, the author investigates the legal nature of transplant medical care. It is established that in the current legislation there is no uniform approach to understanding of essence of transplantation. Transplantation is defined as a kind of the medical care including delivery of medical services and performance of medical works that are directed to recovery of the recipient's health by organs or tissues transplantation. The author defines that transplantation is a kind of hi-tech medical care and there is a feature of its legal regulation. The conclusion is drawn, that legal relationships arising at transplantation, have a mixed character. First, at such relations there are elements of public regulation. Secondly, the core of the obligation to deliver transplant help is providing medical services, and such relations can be civil.

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Transplantation, donorship, medical care, presumption of agreement to take out organs (tissue) after death, contract on delivery of medical transplant services, civil responsibility during delivery of transplant services, legislation in the sphere of donorship and transplantation of human organs and tissues

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Короткий адрес: https://sciup.org/142233778

IDR: 142233778

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