التطوع لاختبار فاعلية اللقاح الطبي في مواجهة فيروس كورونا : دراسة تحليلية في القانون المدني

Abstract EN

After the spread of the new Corona virus and the infecting of thousands of people around the world, several attempts have emerged to search for a vaccine for it, and this vaccine requires a clinical trial in humans, and for this a large number of people volunteered for this purpose.

Medical, and do they have the foundations of contracts known in the civil law? What are the legal effects of the vaccine test if it succeeds or fails, the volunteer is a donor who provides a free service to a sponsor to test the vaccine, such as being a health institution or a company from the public or private sector, for humanitarian and social considerations, and this authority may only give the volunteer some of the reward.

And because these experiences are associated with the risks related to the safety of the volunteer participating in the test, that body is obligated to ensure those risks even before the start of the test, and it is also obligated to compensate for the damage caused to the participant due to the devices used in the test or due to a violation of the commitment to safety and information, which is the right of the volunteer At the same time.

The analytical method has been used to write the research with its division into two researches, the first of which deals with the legal nature of laboratory volunteering and its importance, while the second topic came to discuss the legal implications of vaccine testing.

The research concluded that volunteering for the vaccine test is a donation contract that falls within the category of preference contracts, in which the donor provides a benefit or service without leaving anything of his money, and the study also concluded that the characteristic of the donation and the reward that the participant may receive in the test does not negate the responsibility of the examiner, especially if it comes to human safety and the infallibility of his body.

This study recommended the necessity of enacting act to conduct clinical trial for vaccine testing, and using the principles of the Helsinki Declaration on the Ethics of Conducting Research on Humans, also the study recommended the necessity regulation of free service contracts specially volunteering contracts for clinical trial in the Civil Law, as there are no special provisions in this law