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罗马法原始文献
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《罗马法与现代民法》
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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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罗马法教研室 厦门大学法学院罗马法研究所 版权所有
Institute of Roman Law, Law School, Xiamen University