O moždanoj smrti
On Brain Death

Summary/Abstract: Brain death is loss and end of brain function. Originally a medical term,it has also attracted a lot of attention in religion, which remains indecisive on whether this type of death can be accepted or not and in the field of law where brain death is recognized as such. The concept of cardiac death (which means that person is dead when heart and breathing functions end) long preceded the concept of brain death. Rising interest in brain death is caused by growing number of people who need organ transplantation, but insufficiently regulated procedure of organ donation and transplantation lead to a number of problems. Despite legislator’s desire to regulate this matter, there are a lot of uncertainties. In addressing these issues, legal theory is managing to find some alternatives,but recent case law has shown inability to cope with the problem. This should serve as a warning to the legislator that legal gaps, uncertainties and space for arbitrariness left by the statutes, which here abound, cannot be afforded.

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