ضوابط نزع و زرع الأعضاء البشرية من جثث الموتى على ضوء المادة 362 من قانون 18 11المتعلق بالصحة

Abstract EN

Algerian legislator reorganized the removal and transplantation operations of human organs from dead bodies, in the new Health law of 2018, in the first section of chapter IV entitled « Bio-ethics », under the influence of the few human organs donation by the living beings.

This research comes as an attempt to answer the legal problems of Article 362, starting by the criterion adopted for determining the moment of death in Algerian law, as well as the effect of artificial resuscitation on that, passing by the need to register in the National Registry of Refusal as a mechanism for expressing a person'srefusal to remove organs from his corpse, and ending with the transfer of the right to dispose of the corpse to others if the person does not express his position on the disposition during his life.