scholarly journals Legal Nature of the Embryo in Vitro

Lex Russica ◽  
2019 ◽  
pp. 122-130
Author(s):  
D. A. Belova

The paper is an attempt of scientific understanding of the legal nature of the embryo in vitro, undertaken on the basis of the regulations governing their legal regime, as well as the practice of their application and doctrinal research. Embryos in vitro, being human embryos conceived and developing outside the mother’s body, because of their autonomous existence have raised questions about their legal nature. Without such determination, it is impossible to decide the fate of embryos in the event of the divorce of the persons who expressed the will to create them, in the event of the death of one or both of them (the so-called «orphan» embryos), in the event of the refusal of one or both of them to continue the reproductive assistance program. The paper examines the main points of view on the nature of the embryo in vitro, established in the doctrine, namely whether it is a subject of law, the object of law or is a special legal phenomenon, sui generis. The author comes to the conclusion that the embryo can not be attributed to the category of things, as well as to a broader category of property due to the lack of value equivalent and the inadmissibility of attempts to determine it, as otherwise contrary to the principles of morality. The embryo does not have legal capacity under the provisions of the current civil law, and granting it such a capacity may entail certain problems and conflicts of interest outlined in the paper. The most optimal is the consideration of the embryo as a special legal phenomenon (sui generis) with the definition of its place in the system of elements of legal relationship or an independent object of civil rights with a special legal regime, as the basis of which the author proposes to lay the principle of respect for human life at any stage of its development and the principle of preservation of human life.

2020 ◽  
Vol 10 ◽  
pp. 355-362
Author(s):  
Yuri O. Zaika ◽  
◽  
Oleksandr Ye. Kukhariev ◽  
Volodymyr L. Skrypnyk ◽  
Aliesia A. Mytnyk

The relevance of this study is due to the necessity to ensure the proper exercise of subjective civil rights in the field of inheritance law. Protection in inheritance is related to the general right to protection. Due to the peculiarities of inheritance law as a sub-branch of civil law, it has its own specifics, which is manifested primarily in the definition of special ways to protect violated unrecognized or challenged rights. In addition, the protection of the rights of heirs takes place only within the inheritance relationship, which is characterized by a long nature. The purpose of the article is to identify the features of protection of subjective civil rights of heirs in the field of inheritance. This necessitates the use of special methodological approaches that will identify the characteristics of protection of the rights of heirs, as well as research methods such as dogmatic, formal-logical, systematic, comparative law. The article analyses the recognition of the right of ownership of inherited property in court and proves that this exceptional method of protection is used if there are obstacles to the notarization of inheritance rights. The most typical and widespread special ways to protect the rights of heirs are considered: removal from the right to inherit, invalidation of the will, change of the order of obtaining the right to inherit, reduction of the size of the obligatory share in the inheritance. The outlined issues were not widely covered in the legal literature, as the attention of scholars was mainly in the perspective of clarifying the legal nature of protection and defence, the ratio of forms and methods of protection of subjective civil rights, analysis of general methods of protection of subjective civil rights. That is why this work is an important contribution to outlining the issue of inheritance law and attracting due attention of the scientific community.


Author(s):  
Elizaveta Zaytseva

The article is devoted to the study of the concept and features of work-related objects of patent law in the system of the Ministry of Internal Affairs of Russia. The author analyzes different definition approaches of the legal nature of work-related objects of patent law, their distinctive characteristics that allow to consider work-related inventions, work-related utility models and work-related industrial designs as a unique category of objects of civil rights. The particular qualities of the activities of the units of the Ministry of Internal Affairs of Russia predetermine the specifics of the features and legal regime of work-related objects of patent law, which are of particular importance for inaccuracies’ corrections and further improvement of legislation. This is especially relevant during the period of innovation activity’s development and different disputes in practice. The purpose of the issue is to determine the concept and features of work-related objects of patent law in the system of the Ministry of Internal Affairs of Russia. As a result of the study, the author gives his own definition of work-related objects of patent law in the system of the Ministry of Internal Affairs of Russia, which main features and the specific characteristics are also analyzed. The analysis of legal norms has shown that the legislator has not been correct in recognition of main characteristics of work-related objects, because of their subjective interpretation, that’s why this question requires clarification.


2021 ◽  
Vol 66 ◽  
pp. 96-102
Author(s):  
V.M. Logoida

The article is devoted to the study of the experience of legal regulation of the legal status of cryptocurrencies and transactions with them in Asian countries (except for the People's Republic of China and Asian countries - members of the Commonwealth of Independent States, as the author examined them in separate publications). In the article the author, based on the study of regulations, administrative and judicial practice of all major countries in this part of the world, emphasizes the divergent trends in cryptocurrency transactions regulation in the region, when some countries move from a liberal approach to the use of cryptocurrencies to their total ban and vice versa. It is noted that almost all countries in the region give a legal assessment of the payment function of cryptocurrencies, using regulatory or prohibitive approaches, depending on the chosen policy, which indirectly confirms their understanding of the legal nature of cryptocurrencies primarily as a means of payment. At the same time, these countries not only categorically distinguish cryptocurrencies from fiat money issued by central banks, but also mostly avoid the official definition of cryptocurrency as private (decentralized) cash, preferring to qualify them as an intangible asset, virtual asset, digital asset, financial value and even a good or service, which is currently a kind of compromise between political expediency and economic realities. The author also notes that the Asian region is characterized by very active attempts to resolve the legal status of cryptocurrencies at the legislative level, and not just administrative or judicial response to the actual legal relationship, although the progress of different countries in this matter is different. As a result, the author concludes that in the Asian countries considered in the article, there is no same view on the legal nature of cryptocurrency, its qualification as an object of civil rights, and ways to regulate transactions with it (libertarian approach, positive-cryptocurrency approach but with detailed government regulation and control or a completely restrictive policy in relation to the cryptocurrency market).


2019 ◽  
Vol 86 (4) ◽  
pp. 359-365 ◽  
Author(s):  
Margaret Somerville

If, in jurisdictions with legalized euthanasia, obtaining organs for transplant from euthanized people is allowed, must their organs be taken only after death or should euthanasia be allowed to be performed by removal of vital organs? Asked another way, if “Donation after Death” is practiced, why not “Death by Donation?” The article addresses two questions. First, “What issues does connecting euthanasia and organ donation raise?” They include dealing with uncertainty regarding the definition of death, defining what constitutes conscientiously objecting healthcare professionals' involvement in euthanasia, and whether connecting euthanasia and transplantation makes conflicts of interest for healthcare professionals unavoidable. Additional issues raised by death by donation include breach of the “dead-donor rule”; what would constitute informed consent to it; and what impact its acceptance would have on important foundational societal values, especially respect for human dignity and human life. The second question is “Why might some people who agree with euthanasia and even organ donation after death by euthanasia find death by donation ethically unacceptable?” Considerations again include its harmful impact on upholding respect for human dignity and human life and that the “wisdom of repugnance” could be informing these people's reaction. It is concluded that in order to avoid serious breaches of ethics, organ transplantation and euthanasia should not be linked in any way.


2018 ◽  
Vol 1 (102) ◽  
pp. 47
Author(s):  
Ángel José Gómez Montoro

Resumen:El presente trabajo es un análisis de cómo ha evolucionado la protección del no nacido en España desde la aprobación de la Constitución de 1978. Se centra, en particular en el estudio de la legislación y de la jurisprudencia constitucional sobre dos temas especialmente relevantes y controvertidos: la regulación del aborto, de un lado, y de la fecundación in vitro y uso de embriones, sus tejidos y órganos, de otro. Tanto el legislador como la doctrina del Tribunal Constitucional se han inclinado por una protección gradualista de la vida humana en formación que deja abiertos muchos interrogantes desde la perspectiva del derecho a la vida (art. 15 CE) y la dignidad humana (art. 10.1 CE)Summary:1. The Introduction Of Abortion In Spain And The STC 53/1985: a) From Criminalization To Decriminalization In Certain Circumstances; b) STC 53/1985: i) Right To Life And Prenatal Life; ii) The Life Of The Unborn As A Constitutional Interest; iii) The Constitutionality Of The Indication System; iv) The Conditions For The Constitutionality Of Decriminalization; c) The New Regulation. 2. From The «Indication System» To The «System Of Deadlines»: Organic Law 2/2010 Of 3 March On Sexual And Reproductive Health And Voluntary Termination Of Pregnancy: a) The Evolution Of Abortion In Spain Under The 1985 Act;b) The Arguments For The Reform And The Context Of The New Regulation;c) The New Regulation. 3. An Open Debate: a) The Conditions For The Constitutionality Of Decriminalization; b) The Failed Reform Of The Act. 4. The Weak Protection Of The Embryo In The Legislation On In Vitro Fertilization And The Use Of Embryonic Organs And Tissues, And The SSTC 212/1996 And 116/1999: a) Act 35/1988 On Assisted Reproduction Techniques, And Act 42/1988 On Donation And Use Of Human Embryos And Fetuses And Their Cells, Tissues And Organs; b) Negation Of The Right To Life Of The Embryo And Consequences For Its Consideration As A Constitutionally Protected Legal Interest: i) The Embryo Does Not Hold The Right To Life; ii) Two New Categories:Pre-Embryos And Non-Viable Embryos And Their Legal Relevance; iii) Surplus Embryos; iv) The Absence Of Any Criminal Protection; v) A Weak Concept Of Dignity. 5. Legislative Evolution; 6. A Model For The Gradual (Dis)Protection Of Unborn Human Life.Abstract:This paper analyzes the evolution of the protection of the unborn human life in Spain since the enactment of the 1978 Constitution. It focuses, in particular, on the study of the laws and the constitutional jurisprudence on two relevant matters: the regulation of abortion; and the in vitro fertilization, the use of embryos their tissues and organs. The legislator and the decisions of the Constitutional Court have opted for gradualist protection of the embryo that leaves many questions open from the perspective of the right to life (Article 15 SC) and human dignity (Article 10.1 SC).


2021 ◽  
Vol 25 (1) ◽  
pp. 294-308
Author(s):  
Valentina N. Sinelnikova ◽  
Oleg A. Khatuntsev

The relevance of the research is based on the heated discussion that has unfolded in recent years in connection with changes of the current legislation on legal regime of animals as objects of civil rights as well as awkward suggestions aimed at essentially reshaping the civilistic concept of animals and establishing their special legal status by recognizing them, albeit with some restrictions, as subjects of legal rights. The purpose is to analyze the genesis of animals legislation, including but not limited to international legislation, and to reveal the social significance of norms governing the conditions and procedure for acquisition of animals and the limits and principles of their treatment. The article also aims at voicing the authors position on participation in the civil circulation of animals. Research methods applied in the work are as follows: formal-legal, dialectical unity, system analysis, interpretation, modeling, and forecasting. The results of the study (conclusions) are realized in proposing to supplement Art. 128 of the Civil Code of the Russian Federation with a new term property as basic in relation to terms things, other property, and property rights. It is also recommended to expand the range of objects of civil rights by identifying animals as an independent object, clarify the revision of Art. 137 of the Civil Code, presenting in it the definition of an animal as an object of civil rights and reflecting the main criterion for classifying animals (turnover). In addition, a judgment was made on changes in Russian legislation introduced in 2020, including the Law On the Animal World, allowing amateur and sports hunting of animals in semi-free conditions and artificially created habitat. This law clearly contradicts international agreements that allow hunting (capture) of animals only for the maintenance of human livelihood.


Blood ◽  
2010 ◽  
Vol 116 (21) ◽  
pp. 1611-1611
Author(s):  
Brahmananda Reddy Chitteti ◽  
Ying-Hua Cheng ◽  
Sonia Rodriguez-Rodriguez ◽  
Nadia Carlesso ◽  
Melissa Kacena ◽  
...  

Abstract Abstract 1611 We have previously demonstrated that 2-day calvariae-derived osteoblasts (OB) can significantly enhance the in vitro proliferation and functional capacity of primitive hematopoietic progenitor cells (HPC) and maintain the marrow repopulating potential of hematopoietic stem cells (HSC) thus corroborating the importance of OB in the overall competence of the hematopoietic niche (Chitteti et al, Blood, 2010). While these activities were clearly attributable to OB, the exact definition, both phenotypically and hierarchically, of OB responsible for these functions is yet to be determined. Although some of our data suggested that early stage OB maintained HSC function better than late stage OB, a more precise definition and identification of cells mediating these functions is required for a deeper understanding of the role of OB in sustaining hematopoiesis in the marrow microenvironment. Unlike HSC, the phenotypic definition of different stages of OB development is not fully described and the exact makeup of OB lineage cells responsible for the hematopoiesis enhancing activity is not well characterized. Using flow cytometric cell sorting, we recently began to fractionate calvariae-derived OB to stratify OB lineage cells based on their maturational status and to segregate the hematopoiesis enhancing activity into a phenotypically defined group of cells. Isolated cells were examined by classical OB functional assays (Ca deposition and Alkaline Phosphatase (ALP) activity) and by QRT-PCR quantification of OB-specific lineage markers (Runx-2, osteocalcin, and type I collagen) and were assessed for their hematopoiesis enhancing activity in co-cultures with marrow-derived Lin-Sca1+CD117+ (LSK) cells. LSK cells co-cultured with populations of OB cells were examined for cell proliferation, maintenance of primitive phenotype and expansion of clonogenic cells. Given that limited consensus is that OB lineage cells are Lin- (CD45, CD31, and Ter119) and Sca1-, we separated Lin- Sca1- cells based on their expression of ALCAM, CD51, and osteopontin (OPN). Most Lin-Sca1- cells expressed CD51 such that this marker was deemed dispensable in our quest to sub-fractionate osteoblastic cells. While we were able to identify Lin-Sca1-OPN+ALCAM+ as less mature OB in contrast to the more mature Lin-Sca1-OPN+ALCAM- cells, these fractionations did not compartmentalize the hematopoiesis enhancing activity and both groups of cells had comparable OB functional properties and expressed similar levels of Runx-2 and osteocalcin. We next added CD44 and CD90 to the staining panel and were able to identify four distinct groups of cells: Lin-Sca1-OPN+ALCAM-CD44+CD90- (group 1); Lin-Sca1-OPN+ALCAM-CD44+CD90+ (group 2); Lin-Sca1-OPN+ALCAM+ CD44+CD90- (group 3), and Lin-Sca1-OPN+ALCAM+CD44+CD90+ (group 4). As predicted by the expression of ALCAM, groups 1 and 2 produced the highest amounts of Ca and displayed high ALP activity illustrating that these cells are more mature OB. Interestingly, these two groups had a very low level expression of Runx-2 thus confirming their mature status. In contrast, groups 3 and 4 had very low levels of Ca deposition and ALP activity demonstrating that these cells are less mature. Most importantly, cells from group 4 had the highest level of Runx-2 expression suggesting again that these are less mature cells. Cultured cells from groups 3 and 4 gradually lost ALCAM expression with time suggesting that in vitro proliferation of less mature OB produced more mature cells and demonstrating that these markers can be used to identify classes of mature and immature OB. In co-culture experiments, OB belonging to group 4 sustained the proliferation and production of the highest number of primitive hematopoietic cells and clonogenic progenitors. Other hematopoietic studies including in-vivo repopulating potential of LSK progeny from various OB fractions are underway. These studies begin to define the hierarchical organization of osteoblastic cells and provide a more refined definition of OB that can mediate hematopoiesis enhancing activities. Disclosures: No relevant conflicts of interest to declare.


2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Елена Пышьева ◽  
Elena Pysheva

Reclaimed and improved lands hold a special place in the land system of the Russian Federation, which determines the specifics of their legal regime.The article explores the legal nature and content of the legal regime for such lands, identifies their differences. The author gives her own definition of the legal regime of lands. The author notes that the legal regime of the reclaimed land and land plots that form part of those lands is highly differentiated. Therefore the author indicates factors that influence this regime. And it is hydro-technical and agroforestry activities performed on those lands that produce the greatest changes in their legal regime. If lands plots that form part of any land category, are recognized as reclaimed lands, it leads to tightening of the legal regime, because these lands need to comply with strict environmental requirements. Reclaimed lands are particularly vulnerable, especially those that form part of the agricultural zones of settlement lands; that is why the legal mechanism for their protection and conservation was established. The author points out to general deterioration of their ecological state, reduction of land and proposes solutions to these problems through legal means.


2006 ◽  
Vol 55 (6) ◽  
Author(s):  
Jacques Suaudeau

Un’ampia polemica si è sviluppata attorno alle cellule staminali: alcuni rivendicano una totale libertà di reperire le cellule staminali embrionali umane (hES) dagli embrioni provenienti dalla fecondazione in vitro o dal trasferimento nucleare (clonazione terapeutica), altri insistono sull’impiego di cellule staminali somatiche e di cellule del sangue del cordone ombelicale (UCB). Il fulcro di questa polemica è etica: infatti, il reperimento del primo tipo di cellule, in quanto richiede il sacrificio programmato di embrioni umani, solleva, a differenza del secondo tipo, questioni etiche. Molti tra coloro che reputano la ricerca sulle cellule hES eticamente accettabile ritengono che gli embrioni umani, prima dell’impianto uterino, non possono essere considerati ancora organismi individuali. Essi fondano la loro tesi su due considerazioni: l’elevata percentuale di perdita naturale di embrioni precoci e il verificarsi della gemellarità monozigotica. Recenti studi hanno, tuttavia, messo in crisi simile tesi, mostrando che l’embrione dei mammiferi funziona come unità biologica sia a livello citologico (gap junctions, tight junctions, compaction) sia a livello genetico (zigotic gene activation). Altri si dichiarano a favore della ricerca sulle cellule ES, giustificandola con la seguente argomentazione: un “essere” umano non può essere riconosciuto come tale dal punto di vista antropologico, finché non abbia raggiunto un elevato grado di “umanizzazione”. Tuttavia, l’errore di simile “prospettiva dello sviluppo” proviene dalla mancanza di un’attenta riflessione sul piano ontologico. Altri, pur riconoscendo che l’embrione umano, in quanto persona potenziale, merita grande rispetto, giustificano la distruzione di embrioni umani per reperire le cellule ES, ricorrendo all’argomento del “fine buono”. In questo caso, il principio morale intangibile che deve essere applicato è quello per il quale il fine non giustifica i mezzi. Ne deriva che la distruzione di embrioni umani per ottenere cellule ES è una eliminazione diretta e deliberata di un essere umano innocente, non giustificabile attraverso alcun argomento. Va, infine, posto il seguente quesito: è lecito usare linee di hES fornite da altri ricercatori o disponibili sul mercato? Tuttavia, una simile utilizzazione rientra nella categoria della cooperazione moralmente illecita ad atti ingiusti, sia in termini di cooperazione materiale immediata sia in termini di cooperazione formale. D’altra parte, la proposta di reperire linee di cellule ES da un singolo blastomero, ottenuto attraverso la biopsia di un embrione, sarebbe, senza dubbio, più rispettosa della vita umana nascente, ma comporterebbe altri problemi etici: essa, infatti, implicherebbe il ricorso alla fecondazione in vitro ed esporrebbe l’embrione a un rischio non indifferente. Quanto poi alla “riprogrammazione” di cellule somatiche a livello di cellule ES, pur essendo eticamente lecita, resta, allo stato corrente, un’ipotesi teorica. Il realismo pratico ed il rispetto della vita umana nascente ci spingono, dunque, a considerare come primaria la ricerca sulle cellule staminali adulte e sulle cellule del sangue del cordone ombelicale, che, nel campo della medicina rigenerativa, ha già dato risultati incoraggianti. ---------- A wide polemic has developed around stem cells: some claim a full freedom for deriving human embryonic stem cells (hES) from embryos coming from in vitro fertilization or from nuclear transfer (therapeutic cloning), others insist on the interest of somatic stem cells or stem cells from umbilical cord blood (UCB). The core of this polemic is ethical: in fact, getting the first type of cells, because of it needs the programmed sacrifice of human embryos, raise, unlike the second type, ethical questions. Many among those who think hES research as ethically acceptable consider that human embryos before implantation cannot be considered as individual organisms. They support their opinion on two considerations: the elevated percentage of natural loss of early embryos and the occurrence of monozygotic twinning. But, recent studies have removed a lot of their substance from these arguments, showing in particular that the mammalian embryo works as a biological unity at the cytological level (gap junctions, tight junctions, compaction) as well as at the genetic level (zigotic gene activation). Others pronounced themselves in favor of hES research, with the argument that a biological human “being” cannot be recognized as such from an anthropological standpoint until he has reached a consistent level of “humanization”. But, the error of this “developmental perspective” comes from its ignorance of a careful ontological reflection. Others, although they do recognize that the human embryo, as a possible person, deserves great respect, justify the destruction of human embryos human to get ES cells with the argument of the “good end”. In this case, the intangible moral principle that must be applied is that the goal doesn’t justify the means. It follows that the destruction of human embryos to get hES cells is a direct and deliberate elimination of an innocent human being that no argument can justify. Another question is: is it permissible to use hES cell lines from other researchers or available on the market? But, this use enters into the category of the illegitimate cooperation in evil, both in terms of immediate material cooperation, and in terms of formal cooperation. On the other hand, the proposal to derive hES cell lines from a single blastomere separated mechanically from an embryo while leaving alive this embryo would be more respectful of early human life, but brings in other ethical problems: it implicates the practice of in vitro fertilization in vitro, and exposes the embryo to a substantial risk. Regarding the “reprogramming” of somatic cells to the level of ES cells, although it is ethically permissible, is now more a theoretical hypothesis. Practical realism and respect of early human life invite therefore to give prime attention to research on adult stem cells and on stem cells from umbilical cord blood, that, in the field of the regenerative medicine, have given encouraging results.


2014 ◽  
Vol 8 (1) ◽  
pp. 43-52 ◽  
Author(s):  
Mathana Amaris Fiona Sivaraman ◽  
Siti Nurani Mohd Noor

Abstract Background: The use of embryos in embryonic stem cell research (ESCR) has elicited ethical controversies as it entails the destruction of 5-day old human embryos to harvest stem cells. Objective: To explore the ethical positions of Islam, Buddhism, Hinduism, and Catholicism concerning the use of (1) left-over embryos from in vitro fertilization (IVF) also known as ‘surplus’ embryos and (2) ‘research embryos’ which are created by scientists to conduct research using embryonic stem cells. Methods: The opinions of religious leaders of Buddhist, Hindu, and Catholic faiths in Malaysia pertaining to ESCR were examined via in-depth, semi-structured interviews while Islamic responses are collected from local writings related to the derivation of fatwa on this issue. Participants’ responses on the ethics of human stem cell research are presented as a reflection of various scriptural texts of these four religions. These are presented and supported with the help of international bioethics literature and focus on the use of ‘surplus’ embryos and ‘research’ embryos. Results: Islamic ethics deviate from Hindu and Buddhist teachings regarding saving of research embryos that have been created specifically for research and are considered as human lives only after 120 days fertilization. Hindu and Buddhists also underscore the sanctity of human life, but give priority to the alleviation of suffering in living adult humans. They generally encourage ESCR. Research is a knowledge-seeking endeavor considered noble by Islam. This is also a concept within Hindu and Buddhist philosophy; in particular, when potentially beneficial research goals are the basis. Catholicism also emphasizes sanctity of human life, but stresses also the inviolability of embryos from the moment of conception. Conclusion: Embryonic stem cell research is permissible and encouraged according to Hindu and Buddhist perspectives in view of the potential benefits of such research to society, with some reservations. This is similar to Islamic views on the ethics of ESCR. However, Catholicism differs from all the other three religions; it appears to discourage research in this field because of the likely violation of a sacred principle in Catholic teachings.


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