Човешкото тяло като предмет на вещни права / Human Body as an Object of Real Rights

Human body as an object of real rights
TABLE OF CONTENTS

1. The alive human body as a subject of real rights
1.1. Setting the issue
1.2. The prohibition on possession of the human body (“no property rule”) and the right to personal inviolability
1.3. Arguments “against” treating the human body as a possession
1.4. Arguments “for” treating the human body as a possession
1.5. Bulgarian legislation

2. The human corpse as a subject of real rights 
2.1. Time of occurrence of the death 
2.2. The exception of “John Lock”
2.3. The theory of quasiownership  
2.4. The theory of the corpse as a nobody’s possession 
2.5. The theory of belonging of the corpse to the land, in which they are buried
2.6. Bulgarian legislation

3. The human body organs as a separate subject of real rights 
3.1. Rise and termination of the attribute of possession with the parts of the human body
3.2. Legal regulation of the implants, explants and human organs cultivated under artificial conditions 
3.3. Content of the power of a human over the parts of their body 
3.4. Right to genetic inviolability 
3.5. Right to biological elaboration
3.6. Right to take a health risk  
3.7. Right to self-injurying 
3.8. Right to donorship
3.9. Bulgarian legislation

4. The tissues and cells extracted from the human body as a subject of real rights 
4.1. Characteristics of the human tissues and cells as a subject of real rights  
4.2. The issue of the responsibility for damages resulted from tissues and cells extracted from the human body
4.3. Real law aspects of cloning
4.3. Bulgarian legislation

5. Conceptual analysis and ground of the right to ownership of the human body
5.1. With regard to the legal nature of the ownership
5.2. With regard to the different concepts of giving proof of the ownership of the human body and organs 
5.3. The liberal and prosocial concept of the human body 
5.4. The concept of the interrelation of the human bodies 
5.5. The permission of the Bulgarian legislation 
5.6. Constitutionally legal and real law treatment
5.7. The influence of the technological process on the legal system