Die Verarbeitung von Körpersubstanzen zu autologen Gewebeprodukten nach § 950 BGB

Lab-produced human tracheae and cardiac valves are no longer a mere futuristic dream. Research teams have already succeeded in producing this complex tissues from human body cells in the context of the so-called tissue engineering and implanting them successfully in a human body. As a rule, the use of patients’ own cells is aimed at in order to prevent rejection reactions of the body following the implantation of tissue.
The production of human tissues can lead to a legal acquisition of ownership on the part of the producer according to § 950 of the Civil Law Code. Using patients’ own cells, however, causes a conflict between the ownership acquired by the producer and the personal rights of the patient. Firstly, this work investigates in which cases the requirements for the acquisition of ownership are met. Then, it discusses the relation between ownership and personal rights and investigates which claims exist between the parties concerned.