المشكلات القانونية التي تثيرها موت القشرة المخية "دراسة تحليلية" The Legal Issues arising from the Cortical Brain Death Analytical Study
Year: 2024
Type: article
Abstract: This research addresses some legal issues that arise upon the exposure of some people to cortical brain death or cerebral cortex deathor what is known as a (Vegetative State)where they remain in such a state of loss of consciousness, perception, differentiation, and inability to express will and conduct legal action.As well as the continuation of such a state for a period of time that may extend to a few years.However, many legal issues that arise as a result of cortical brain death have not received the required amount of research and study.The reason behind this may be attributed to the existence of a legislative vacuum, as well as the refrain of the legal jurisprudence from addressing some intricate and thorny medical issues, which in turn has a significant impact on reaching this result.In this context, the research has reached some findings as follows: patients who suffer from cerebral cortex death are decisively considered alive unlike those who suffer from brain death, and the impermissibility of making a will by the testator following their injury with the cerebral cortex death.As well as the immaturity of the will until the realization of their unsuspicious death, and the permissibility of making a will for those who are afflicted by such disease.In addition to the impossibility of concluding the endowment if the endower is afflicted by this disease, and the inability to conclude the deed of gift if the devisee is afflicted by the cerebral cortex death prior to declaring their consent and approval.Furthermore, being afflicted by this disease may be a novel ground for withdrawal from the endowment, as well as the impermissibility of transferring the organs of the person afflicted by this disease or transferring blood from him to other patients.
Author: د- جهاد محمود عبد المبدي
Institution: Ain Shams University
Language: Arabic
Field: Medicine
Domain: Health Sciences
Open Access status: diamond
OpenAlex ID: W4400616006