민법에 있어서 권리주체 및 권리객체 개념의 변화 -의료기술 및 생명공학의 발전에 따른 변화를 중심으로- = The conceptual change of subject & object of rights in civil Law

다국어 초록 (Multilingual Abstract)

The development of medicine and biotechnology expands the domain of private autonomy by offering many alternatives of life planning. Meanwhile, it creates many issues in law, especially in civil law. Among them, the conceptual change of subject and object of rights is one of the most controversial issues. Traditionally everything in the world is divided into subject of rights or object of rights in viewpoint of private law. But the indeterminable beings came on the scene for decades. Is an embryo the subject of rights? Or the object of rights? The egg and sperm as well as embryo is on the boundary between rights-subject and rights-object. So are animals. Traditional dichotomy of rights of subject or object don`t work. It is urgently needed to conceptualize the subject of rights and object of rights in order to get with the times. The autonomy is the most essential element of human dignity. In principle, it seems reasonable to recognize the ownership of human materials in the same context. However, it seems reasonable to limit the content and effect of its ownership. The use and disposition of human materials is permitted, unless it violates seriously personal rights.