the legal status of elements and productsof the human Body: oBJect or suBJect of law?

Abstract

The 2004 act on bioethics has amended the 1994 act regarding the donation and theuse of elements and products of the human body, medically assisted procreation andprenatal diagnosis. The very purpose of these laws led the legislature not to attemptthe summa divisio order distinguishing the object to the person. The analysis ofbioethical laws reveals the consecration of the non-commercialization of the humanbody at the expense of its unavailability. Bioethical laws appear to be catalysts ofbiological scientific advances releasing the status of the components and the productsof the human body while framing it. By limiting scientific opportunities, they preventhuman beings from trying to play the sorcerer’s apprentice.