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العنوان
بعض الجوانب القانونية المتعلقة بالأجنة :
المؤلف
عبد اللطيف، محمد محمود عبد الرحيم.
هيئة الاعداد
باحث / محمد محمود عبد الرحيم عبد اللطيف
مشرف / حمدي عبدالرحمن أحمد
مشرف / محمد محمد أبوزيد
مناقش / عبد العزيز المرسي حمود
الموضوع
القانون المدنى.
تاريخ النشر
2020.
عدد الصفحات
332ص. :
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2020
مكان الإجازة
جامعة عين شمس - كلية الحقوق - قسم القانون المدني
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 332

from 332

المستخلص

Summary
This research deals with ”some legal aspects related to fetuses (embryos) - a comparative study”, because of its great importance thanks to recent medical developments; where doctors were able to perform many medical practices affecting the fetus inside or outside the womb, and these practices may be prohibited, and these practices may be permissible according to controls. We have presented the actions or medical practices prohibited to be carried out towards the fetus in Chapter One, and were divided into prohibited practices located on the fetus outside the womb, in the first chapter, and prohibited practices located on the fetus inside the womb, in the second chapter. And we saw that one of the prohibited practices that fall on the fetus outside the uterus - human asexual reproduction, which is done by impregnating the egg with a physical cell after the cell is discharged from its nucleus, and the egg is discharged from its nucleus.
Due to the danger of this technique, as it contradicts the provisions of the heavenly laws, and most positive legislation to violate the natural path of childbearing, as it may lead - through it - to serious deformation of the fetuses; we have banned this technique, and cloning is no longer the only prohibited process in the case of prejudice to the fetus Outside the womb, however, there are other prohibited images such as artificial insemination outside the marital relationship framework, which is represented in two cases: the first case is artificial insemination with the water of others, and this is done by taking a foreign sperm (sperm or egg) to perform the artificial insemination, and transfer the fertilized egg To the womb of a woman, and divorce Banned from this act because it is the mixing of lineages. The other case is artificial insemination after the end of the marital relationship, i.e. using the sperm of the husband after the occurrence of divorce or death, and this is contrary to the law of God Almighty, and it may result in denial of the child’s lineage, due to the saying of the Messenger of God (peace be upon him) “The boy for bed, and for the prostitute. .. ”.
The researcher also prohibited some medical practices affecting the fetus inside the womb, which intentionally aborted the fetus to benefit from stem cells, which is a consequence of a violation of God Almighty’s saying: Some of the negative consequences of which are not determining who is the mother: is she the owner of the egg or the owner of the uterus?
After the researcher presented some medical practices that are prohibited to be carried out towards the fetus inside and outside the uterus, he presented in the second chapter some medical practices that are permitted to be carried out towards the fetus, whether it is outside the womb; this is what we explained in the first chapter, or inside it; and this is what we explained in the second chapter .
One of the practices permitted outside the womb is the process of freezing human sperm, because it is important in the process of artificial insemination, because it preserves human sperm to do more than one attempt during the process of artificial insemination, as it is beneficial for non-husbands to save their sperm in the event of serious diseases such as (cancer) In this case, the patient needs to undergo treatment that results in infertility, so he keeps his sperm before treatment, or the person exposed to a process that caused infertility as a procedure (ovarian ablation), may resort to it, as may women who are menopause may resort to; and for this the researcher supported a process Human sperms freeze, but according to Controls to take advantage of the freezing process in a legitimate manner, and among the practices permitted as well as controlling the sex of the fetus if the aim is to avoid a genetic disease linked to the sex of the fetus.
The research indicated other permissible practices, such as conducting experiments and research on fertilized eggs, as long as this was carried out by the sperm and the wife’s egg, with the aim of researching and treating the embryos, and it was 14 days before the date the egg was vaccinated with the sperm, i.e. before starting the formation of the nervous system of the fetus, and prohibited The researcher transferred these fertilized eggs to the womb of the wife, and among the medical practices permitted outside the womb is the genetic diagnosis of the fertilized egg to prevent the transmission of a genetic disease related to the sex of the fetus, with the aim of identifying the gene responsible for the genetic disease and excluding or treating it, as the researcher presented the permitted medical practices inside the womb and one of these practices is the diagnosis of a fetus during pregnancy. The researcher supported abortion of the fetus if its survival posed a risk to the life of the mother, or in the event of a serious deformation in the fetus, as the researcher presented the legality of the cesarean delivery process, and the researcher was also keen on presenting some legislations that regulate the obstetric process, and also presented some judicial applications for liability The doctor is in the event of an incorrect intervention when performing the obstetric process, as the researcher presented a proposal for a law, and a set of criticisms of the Egyptian legislator in the regulation of medical practices affecting the fetus.