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Investigating possession of human blood as a property in Iran’s law with regard to legal and Islamic jurisprudential commentaries on organ transplant

Author

Listed:
  • Mohsen Dorrani

    (Department of Law, Bandar Abbas Branch, Islamic Azad University, Iran)

  • Abbas Taghvaee

    (Department of Islamic Teachings, Lahijan Branch, Islamic Azad University, Lahijan, Iran)

Abstract

A question that most of jurists are faced with is, whether human blood is basically a property or not and is human the owner of his blood? Moreover, what is the difference between blood and other organs of the body from the viewpoint of ownership? If blood is a property, why human is not the owner? Unlike blood, there have been legal discussions on organ sale, where blood can be retrieved by the body while segregated organs are not retrievable by the body. Investigating various views about ownership of organs of the body, one can conclude that blood is a property owned by humans.

Suggested Citation

  • Mohsen Dorrani & Abbas Taghvaee, 2016. "Investigating possession of human blood as a property in Iran’s law with regard to legal and Islamic jurisprudential commentaries on organ transplant," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 6(2), pages 376-383, December.
    • Handle: RePEc:asr:journl:v:6:y:2016:i:2:p:376-383
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    More about this item

    Keywords

    organ transplant; human blood; property; possession; proprietorship of blood.;
    All these keywords.

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law

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