法政論叢
Online ISSN : 2432-1559
Print ISSN : 0386-5266
ISSN-L : 0386-5266
医事法・民事法における遺族の範囲
前田 和彦
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ジャーナル フリー

1992 年 28 巻 p. 133-142

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Recently, in the field of the medical treatment, the person in a decision making capacity is being made to consider various options, for example informed consent, from the patient. But after the patient's death, because there have been no accurate regulations which prescribe validity or invalidity of the survivor's consent or agreement, various problems have arose. Especially after the Special Investigation Committee on Brain Death will have come to a conclusion, it must be more important to settle the question of which party's agreement or consent is the most lawful. Up to the present, the limits and the priority of the survivor have been instutited only on the property in the regulations included in civil law. Is it better to appropriate these limits and priorities to the occasion of the organ transplantation? I think that the minimum condition to attain the organ transplantation is to get plural agreements from the closest survivor, e.g.a spouse, a child and parents, or, by mutual consent of the family, without positive adjection. I wrote and expounded on that in this article.

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© 1992 日本法政学会
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