Skip to Main content Skip to Navigation
Theses

La procréation humaine en droit pénal français et polonais comparé

Abstract : The law of the human reproduction includes certain number of rights and fundamental principles. It is strictly connected to the human dignity : that of the man, the woman, the embryo, the humanity. It is from these principles, that we can establish constitute subjective rights connected to the nature of the man to find in particular the answer to the ambivalence of the new procreative techniques. In this thesis we try to find answers; in particular in which measure these fundamental rights "belong" to the human embryo, which, as for him, arranges a status private individual, a status which is not still definitively established seen the progress amazing at the medicine. The new biological stakes to dream, but they require a legal réinterprétation of the personal freedom of the mother, its law for " the healthy child " or simply the " law for the child ". These considerations are then formulated in terms of fundamental rights, when he involve already born persons. However, the reactivity of criminallaw will be varied in France and in Poland. Thel egal tradition, the impact of the social history and the social order, that the reaction of thelegislators is different. The common point of two systems remains naturally the influence of international law. In certain domains, more particularly of the medically assisted procreation, the criminal law is placed next the bioethics, it joins voluntarily in a narrow report with the civil law. Évidement, it is not possible to return the law to the bioethics, but it is not desirable to separate both. It is advisable to note a strong presence of the impact of the medicine which influences the legislation, but also the international dimension of the reproduction and the appearance of the new phenomena such as the procreative tourism and the market of gametes.
Document type :
Theses
Complete list of metadatas

Cited literature [212 references]  Display  Hide  Download

https://hal.univ-lorraine.fr/tel-01749269
Contributor : Thèses Ul <>
Submitted on : Thursday, March 29, 2018 - 12:11:23 PM
Last modification on : Friday, October 23, 2020 - 5:00:26 PM
Long-term archiving on: : Friday, September 14, 2018 - 10:21:30 PM

File

DDOC_T_2012_0244_LUPINSKA.pdf
Files produced by the author(s)

Identifiers

  • HAL Id : tel-01749269, version 1

Collections

Citation

Joanna Lupinska. La procréation humaine en droit pénal français et polonais comparé. Droit. Université de Lorraine, 2012. Français. ⟨NNT : 2012LORR0244⟩. ⟨tel-01749269⟩

Share

Metrics

Record views

136

Files downloads

538