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KMID : 1011120080020010081
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Bioethics Policy Studies
2008 Volume.2 No. 1 p.81 ~ p.98
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The Change of Property Law according to the developmenr of Biomedical Law
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Oh Se-Hyuk
Lee Eun-Young
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Abstract
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Bioethical Law(= Bioethics and Law) is a branch of law that make researches in legal implications as well as ethical implications of life science and biotechnology. The development of life science and biotechnology leads to some new enactments, for example, Bioethics and Safety Act 2004. Furethermore, it brings about changes of many existing law in general. Life science and biotechnology especially present urgent legal problems in major fields of civil law i.e. law of property, law of obligation, and law of status.
Nowadays legal scholars and practitioner in civil law deal with hot issues resulting from the development of biotechnologies, for example, capacity of enjoyment of rights & legal capacity, nature of property as object of rights, validity of contracts, and damages suffered by torts. Moreover, the development of biotechnology has an effect on the most fundamental principle of civil law i.e. the principle of autonomy and key concepts including property, liability, consent, agency power etc. So basic legal institutions including ownership, dealings, damages should be revised and reconstructed in accordance with the developments of biotechnology and bioethical law.
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KEYWORD
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Biotechnology, Bioethics and Law, Civil law, Law of property, Law of obligations
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