The right to the corpse and after death organ donation

Abstract

This paper’s goal is to study the way after death organ donation is regulated. In order to be able to achieve our purposes, it will be necessary, at first, to take a detached look at the “right to the corpse”. Therefore, at first, this study will focus on the right to the corpse and, following it, it will, then, specifically discuss the after death organ donation issues. Based on a comparative analysis of foreign laws (English, Spanish and Italian), as well as on the author’s ideas previously presented, this paper intends to interpret and clarify our national legislation and also offer a better legal alternative, which would be able to replace the present regulation and solve such controversial theme.