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أحكام الاشتراط لمصلحة الجنين المخصب صناعياً (دراسة مقارنة) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 14, Issue 1, May 2023, Pages 826-853 PDF (671.65 K) | ||
| DOI: 10.63677/jqlap.2023.180136 | ||
| Author | ||
| م. د. مشتاق عبد الحي عبد الحسين | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| This study dealt with the research on a topic that combines the modernity of scientific development and the originality of the general rules in the legislation subject to comparison, to show the extent of their applicability to some aspects of this subject, and to search in aspects to which the general rules do not apply in order to propose legal rules to organize them, and to complete the research in the provisions of stipulation in the interest of the fetus The artificially fertilized fetus presented, in a brief introduction, the concept of stipulation and the concept of this type of embryo, as well as referring to the most important forms of stipulation, which are the embryo-freezing contract, the womb lease contract, and the insurance contract for its benefit, and the conditions that those contracts include in the interest of the artificially fertilized fetus, and this greatly facilitated the search in the legal relations arising from Conditioning, through which the nature of the right arising in the interest of the fetus is shown directly from the contract and his right to claim it on behalf of the guardian. However, some opinions in Islamic jurisprudence went to the fact that the condition does not create a right, but rather a benefit, and the beneficiary does not claim it, but only for the stipulator, in addition to the effects of nullifying the condition or Termination of the contract on the fetus, which may lead to its destruction, and from all of this emerges the need to regulate the provisions of stipulation in the interest of the artificially fertilized fetus in special legal rules. | ||
| Keywords | ||
| Conditioning provisions; artificially fertilized fetus; termination of conditionalization | ||
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