المسؤولية المدنية المترتبة على عمليات فصل التوائم الملتصقة من منظور شرعي و قانوني

Abstract EN

Conjoined twins is a rich field for medical studies in an attempt to find out the underlying causes and the associated medical problems from the moments of pregnancy, childbirth, and beyond.

The issue of separating these twins has also become an issue of legal controversy, especially when talking about the civil liability arising from the operations of separating these twins.

This study deals with introducing conjoined twins and determining the extent of the legality and legitimacy of performing the operations to separate these twins based on the following question: Is talking about these twins nothing but talking about one person with additional organs or two people whose members have joined together and must be separated so that each of them can practice his life normally and he must determine the legal consequences of separating these twins if one of them is to be sacrificed.

The operations of separating conjoined twins are the subject of a wide legal debate between supporters and opponents, but in the Jordanian legislation we do not find a text that helps us determine the responsibility of the doctor or surgeon for deaths and disruptions that may affect one or both twins as a result of the separation process, except for what is found in the traditional rules governing For tort, in light of the legal texts of the Jordanian Penal Code and the laws regulating medical work.

However, these rules, as they are now, require some amendments as a whole in order for the judge to determine the civil liability arising from the operations of separating conjoined twins .