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Digital archive of theses discussed at the University of Pisa

 

Thesis etd-11062009-131430


Thesis type
Tesi di dottorato di ricerca
Author
CASSONE, FRANCESCA
URN
etd-11062009-131430
Thesis title
Il disaccordo sulla sorte degli embrioni criocongelati fra diritto all’autodeterminazione e principio di autorità.
Academic discipline
IUS/01
Course of study
DIRITTO PRIVATO
Supervisors
tutor Prof. Lenti, Leonardo
Keywords
  • consenso informato
  • liti sulla sorte embrioni congelati
  • principio di autodeterminazione
  • privacy
  • procreational autonomy
  • procreazione medicalmente assistita
Graduation session start date
26/11/2009
Availability
Withheld
Release date
26/11/2049
Summary
The aim of the work is pinpointing, within the Italian system, the amount of freedom today consented, or attributed, to everyone in relation to the procreative choices when arise a dispute about the fate of frozen embryos between the partners who produced them. Any choice of procreation concerns the involvement of the interests of other people. The evidence of this assumption impose the following questions: since the determination of the individual as far as the possibility of being a parent can clash with the opposite will and the rights of the wife, or of the husband, or of the partner, who, in case of a contrast, can legally decide? Who is authorized to prevail his own decisions, and against whom? Otherwise: which are the compelling reasons for denying people the control on their role in procreation and, more generally, in parenthood?
This research intends to be also a confrontation between legal system, judicial and cultural models, in the necessary comparative perspective between countries of Civil Law and countries of Common Law. Like all comparisons, even this has as essential and primary objective the deeper knowledge of judicial data and legal and interpretative models, which are the reason of this. It wishes furthermore to be a reflection upon the oscillations within the legal system between the demands of balance and the needs for protection.
Finally, it expresses once again the requirement of comparison and confrontation with other judicial models, especially as far as the relationships between self-imposed behavioural laws and behavioural laws imposed from outside. Between privacy, social relevance and public value of procreative and family choices of the individual.
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