DOI: 10.46340/eppd.2025.12.1.3
Haider Ali Mizher
College of Law, University of Thi-Qar, Thi-Qar 64001, Iraq
Sadkhan Madhloom Bahedh Alabid
College of Law, University of Thi-Qar, Thi-Qar 64001, Iraq
How to cite: Mizher, H. A., & Alabid, S. M. B. (2025). The Specificity of the Hidden Defect in the Human Bio Element. Evropský politický a právní diskurz, 12, 1, 22-30. https://doi.org/10.46340/eppd.2025.12.1.3
Abstract
A hidden defect in its simple sense is a defect that is not apparent, but its definition in the technical sense is a defect that cannot be detected through simple examination or examination that requires careful scientific examination.
The scientific examination of hidden defects is closely intertwined with the legal interpretation of human biological components. Is it determined by functional organs such as the kidneys and the heart, or is it restricted to cellular components and other structures such as blood, plasma, and stem cells? This is the scientific reality of judicial rulings for all the human components of the human body, which are linked to therapeutic, preventive, and even aesthetic and improvement interventions in the human body. Cosmetic and reconstructive procedures fall under this category, as they are assessed based on their medical purpose – whether for treatment, prevention, or enhancement. A notable distinction exists between the concept of hidden defects in tangible goods and biological defects in human organs, tissues, and cellular structures. This difference is crucial in the legal and medical evaluation of medical interventions.
The research relied on the applied aspect of studying the judicial approach in dealing with relevant judicial disputes in relationships and contractual transactions related to medical interventions that are classified on biological components of organs, tissues, and cells. In practice, the idea of a hidden defect can be studied medically to compare it with the legal concept.
The other method in the research methodology is to identify medical cases that can be used to determine the presence of a hidden defect and its medical effects on the body on which the transplant or surgery was caused or performed.
The research was self-funded, with support from statistical authorities that provided essential data for verifying the presence of hidden defects. The study seeks to define the scientific and legal parameters of hidden defects, examine their characteristics, and determine whether they meet the established criteria for classification.
Keywords: Hidden defect, simple examination, scientific examination, human organs, biological component, medical intervention, medical purposes.
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