The Possibility of Collecting the Debt Through the Debtor’s Body Organs

Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī

关键词: : Collecting the debt;    Relationship of a man with his body organs;    Marketability;    Insolvency;    Debtor;   

DOI  :  

来源: DOAJ

【 摘 要 】

The creditor is entitled to collect the debt from the debtor. The possibility of collecting the debt through the debtor’s body organs is a disputable issue. By explaining different ways of collecting the debt from the defaulting debtor, such as compelling him to pay his debt, the court’s order for the payment of the debt from the debtor’s property, imprisonment and the rules relating to insolvency, this article examines the possibility of collecting the debt from the debtor’s body organs. The issue is whether human being has such a control over his body organs for marketability of these organs and to transfer them. By taking into consideration the fact that the body organs have market value and human being have dominion, but not ownership, over their body organs, it can be concluded that the body organs are not part of the debtor’s property. Thus, it is not possible to compel the debtor to cut his body organs for the payment of his debt. It is not also possible to cut his body organs in return for his debt when he is dead. But if the dead’s organs are sold, they can be given in place of his debt.

【 授权许可】

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