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Orientations Of Legislation Regarding Organs, Tissues And Human Cells Transplant

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  • Florina Morozan

Abstract

Law no. 95/2006 on healthcare reform regulated in Title VI the problem of organs, tissues andcells transplantation. This problem is of great interest for many reasons. First, there is a great need for transplant to save lives. Secondly there is an international cooperation, to facilitate patient oriented allocation and cross-border exchange of deceased donor organs. National Transplant Agency Bucharest may conclude agreements with European organ exchange organizations, provided that such organizations ensure compliance with the requirements of Directive 2010/53 / EU of the European Parliament and of the Council of 7 July 2010 on standards of quality and safety human organs intended for transplantation. Unfortunately in our country there is not yet tradition or education to promote transplantation. So Romanians from abroad do not qualify for transplantation because the Romanian National Agency for Transplant can not fulfill his obligations. On the other hand, when the organ donor is alive, it must consider also his interests. He has the right to be properly informed about the risks the intervention presents for his health. This paper seeks to what extent the law promotes transplantation but also identifying weaknesses. It also values the experience of other states in the field.

Suggested Citation

  • Florina Morozan, 2016. "Orientations Of Legislation Regarding Organs, Tissues And Human Cells Transplant," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 10(1), pages 126-137, June.
  • Handle: RePEc:dcu:journl:v:10:y:2016:i:1:p:126-137
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    More about this item

    Keywords

    transplantation; donation; consent; traceability;
    All these keywords.

    JEL classification:

    • K36 - Law and Economics - - Other Substantive Areas of Law - - - Family and Personal Law

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