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2004年民商法博士生入学考试专业外语试题 将下列法条译成中文,每条2.5分,共20分。 CHAPTER IV RESPECT OF THE BODY AFTER DEATH 42. A person of full age may determine the nature
of his funeral and the disposal of his body; a minor may also do
so with the written consent of the person having parental authority or his tutor.
Failing the expressed wishes of the deceased, the wishes of the heirs or
successors prevail; in both cases, the heirs and successors are bound to act; the
expenses are charged to the succession. 1991, c. 64, s. 42. 43. A person of full age or a minor fourteen
years of age or over may, for medical or scientific purposes, give his
body or authorize the removal of organs or tissues therefrom. A minor under fourteen
years of age may also do so with the consent of the person having parental
authority or of his tutor. These wishes are expressed verbally before
two witnesses, or in writing, and may be revoked in the same manner. The expressed
wishes shall be followed, except for a compelling reason. 1991, c. 64, s. 43. 44. A part of the body of a deceased person may
be removed in the absence of knowledge or presumed knowledge of the wishes
of the deceased, with the consent of the person who could give consent to care
or could have given it. Consent is not required where two physicians
attest in writing to the impossibility of obtaining it in due time,
the urgency of the operation and the serious hope of saving a human life or of
improving its quality to an appreciable degree. 1991, c. 64, s. 44. 45. No part of the body may be removed before
the death of the donor is attested by two physicians who do not participate
either in the removal or in the transplantation. 1991, c. 64, s. 45. 46. An autopsy may be performed in the cases
provided for by law or if the deceased had already given his consent thereto;
it may also be performed with the consent of the person who was or would
have been authorized to give his consent to care. The person requesting the
autopsy or having given his consent thereto has a right to receive a copy of
the report. 1991, c. 64, s. 46. 47. The court may, if circumstances justify it,
order the performance of an autopsy on the deceased at the request of
a physician or any interested person; in the latter case, it may restrict the release
of parts of the autopsy report. The coroner may also order the performance
of an autopsy on the deceased in the cases provided for by law. 1991, c. 64, s. 47. 48. No person may embalm, bury or cremate a body
before an attestation of death has been drawn up and six hours have elapsed
since that was done. 1991, c. 64, s. 48. 49. Subject to compliance with the prescriptions
of law, it is permissible to disinter a body on the order of a court,
on the change of destination of its burial place or in order to bury it elsewhere
or to repair the sepulture. Disinterment is also permissible on the order
of a coroner in accordance with the law. |
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