Summary of the book entitled:

                      The legal Disposition of Human Organs

- Comparative Study-

-        First edition: 1990/ Baghdad; second edition: 1992/ Jordan; third edition: 1993/ Jordan; fourth edition: 1995/ Jordan.

-        No. Of pages: 174

-        No. Of references in Arabic, English and French languages: 89

-        The book is a collection of lectures I gave to the post graduate “Private Law” students at Baghdad University - Faculty of Law, during the years 1987-1990.

-        The book included an introduction on the biological developments and modern medical acts and their effect on law, and the necessity of organizing these works by the different countries. The introduction also discussed the importance of human organs transplantation, the transplantable human organs, the research theme, the reasons for studying the subject, the sources for getting human organs, the principle of inviolability of human body, and the cases of violating the principle of “the right to body integrity”. I mentioned the opinions of jurists Esmin, Jean Carbonnier, Stark and Savatier.

-        The research plan included three chapters and a conclusion:

The first chapter: discusses the topic of human organs sale and the position of religions towards the idea of financial dealing in the parts of human body. In this chapter I mentioned the opinions of jurists in this issue. Then I discussed the position in the various laws of the Middle East and European countries towards the idea of organs sale as regards legislation aspect and the de facto status, I also referred to the position of Arab, foreign, regional and international organizations towards the phenomenon of dealing in the parts of human body and the position of human rights organizations on the problem of human organs selling as well as the position of common law towards the prohibition of disposing of one’s body.

In the second chapter: I discussed the topic of granting human organs as a gift or donation. I distinguished between the contract of gratuity and the contract of donation. Then I discussed the position of civil jurisprudence on the voluntary giving of human organs to be transplanted in the bodies of persons who need them to survive. Further, I discussed the medical responsibility in the transfer of organs in case a medical error occurs, and the methods of compensating the damage.

In the third chapter: I discussed in detail the case of “the will to donate human organs” and I differentiated between the will, the endowment and the disposition of the corpse (body of the deceased) and determining the moment of death. Then I discussed the death criteria: cardiac arrest, circulatory arrest, brain-stem death and the position of the various Arab legislation's, French Law and American law in determining the moment of death.

In conclusion, I mentioned many conclusions, ideas and solutions for the problems experienced in this respect. I also included my recommendations in the legal and ethical regulation of the human organs transplantation processes.