Original scientific paper
https://doi.org/10.30925/zpfsr.40.1.6
LIVING WILL IN THE PERSONALITY LAW AND MEDICAL LAW (LEGAL, COMMERCIAL AND HEALTH CARE ASPECTS)
Aldo Radolović
; Constitutional Court of the Republic of Croatia, Zagreb, Croatia; University of Rijeka, Faculty of Law, Rijeka, Croatia
Abstract
In this work the author describes the present situation of Italian and Croatian living will law regulations, as well as circumstances and forms of the implementation of the whole legal institute. Living will actually not a will known in inheritance law, because it is an anticipated statement (order) made by a person in relation to his or her medical treatment in case of a possible future reasoning inability, which means
that it has effect on the life of that person. Furthermore, it cannot be understood as euthanasia in the meaning of an artificial termination of one’s life caused by a person’s decision. However, it can be linked to euthanasia - which is in fact solely right - if therewith one thinks about of a good, warm and silent death, in case it happens during a medical treatment by accepting or refusing a diagnostic or a therapeutic procedure, as death is neither a primary nor a main goal of the living will, but only one of the possible consequences, because the main intention is dignified living and ageing.
Keywords
personality law; medical law; personality rights; personality rights disposal; will; living will; anticipated statements and orders; anticipated statement about a medical treatment; forms and places of living will implementation
Hrčak ID:
219300
URI
Publication date:
8.4.2019.
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