Legal principles of Human Living Organ Donation: The Cross-over Donation –A Comparative Study

• Main Author: محمد الشرايري
• Format: Article
• Language: Arabic
• Published: Qatar University Press 2021-07-01
• Series: International Review of Law
• Subjects: HuHman living organ donation; Cross-over donation; Living Organ transplantation; Cross-exchange organ donations
• Online Access: https://185.37.108.12/index.php/IRL/article/view/1942

The traditional direct donation of human living organs faced a fundamental issue related to immunological incompatibility between the donor and the recipient, which made it impossible to perform the transplantation process. However, the cross–over donation has made a new legal development in the field of organ donation and has overcome the related issues and achieved many benefits. The cross–over donation system has been adapted by American, French, Emirati and Algerian laws explicitly, while most other Arab laws are silent about it. The silence of Arab laws is different from one country to another, for example: Lebanese law prohibits it completely, while the Egyptian, Iraqi and Palestinian law adapted it partially. At the same time, some other Arab countries permit it implicitly, but subject to some restrictions such as Qatari and Omani law, while, Syrian, Bahraini, Kuwaiti, Tunisian, and the Moroccan permit it implicitly without any restrictions. Unfortunately, all such differences between Arab laws exist in the light of existence of many alliances, which have been formulated in Europe and North America facing the next global level the cross–over donation.