The removal of biological materials from thehuman body for scientific purposes under the lawof contracts

Abstract

The removal of human-origin biological materialfrom a volunteer donor's body for scientific research and clinicalexperimentation results in the transfer of the material from the donor'scontrol to the research institution's control. In accordance with thecontract between the parties, the donor is obliged to transfer the righthe/she has on the material to the research institution, by allowingthe material to be removed from his/her body in order to be usedby the research institution for a specific purpose. As a result of thefulfillment of this obligation, the material having being transformedinto a "property" upon removal from the human body, the researchinstitution gains a right over the material which allows the institutionto assert direct control over the material and is claimable against third-parties. This, in technical terms, can only be realized by virtue of acontract that deals with the transfer of ownership.