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Ommi A. Concept and Nature of Jurisprudence, Law of Blood and Blood Products. MLJ 2021; 15 (56) :707-723
URL: http://ijmedicallaw.ir/article-1-1345-en.html

Background and Aim: For a long time, in medical science, it has taught people how to identify diseases and how to diagnose and cure them and how to prevent them perhaps nothing has been more ambiguous than understanding blood. Human blood, as a vital substance by which the essential needs of all tissues and organs of the body are met, has special and distinctive properties in comparison with other organs of the body and is therefore considered by human beings in particular jurists and domestic and international legal systems are located.
Materials and Methods: This research is theoretical and the research method is documentary-library and descriptive-analytical and the necessary analyzes have been done regarding the legal aspects of the subject.
Results: By recognizing the jurisprudential and legal nature of this vital fluid and its products can be recognized other provisions of the principles and nature of blood transfusion medicine, including the capable of being owned, possibility and method of blood donation, blood transfusion services as well as the responsibilities arising from it, consequently, facilitated its various dimensions, especially the moral dimension of blood donation for profit and consequently its merchandising and the effects of blood transfusion medicine, which have been the subject of much jurisprudential and legal controversy.
 
Ethical considerations: In the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Conclusion: Blood and blood products can be separated from the person and stored without causing any special defects in the body, which, of course, regardless of the possible emerging diseases of the donor, which in this respect is governed by the rules governing movable property. Also, considering that special devices and special tests must be used for transfusion of blood and its products, blood is considered as non-fungible property; This is related to public order and cannot be considered in private contracts as in other property contracts, according to the will and consent of the parties, and it can not be considered as fungible Property.

Cite this article as: Ommi A. Concept and Nature of Jurisprudence, Law of Blood and Blood Products. Medical Law Journal 2021; 15(56): e44.