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B - Civil Code of the Federative Republic of Brazil (2002)

from PART 3 - Recent legislation on liability law

Published online by Cambridge University Press:  25 May 2011

Gert Brüggemeier
Affiliation:
Universität Bremen
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Summary

Text

General Part, Book I, Title I, Chapter II – Personality rights

Art. 11 With the exception of the cases provided for by law, personality rights cannot be transmitted or renounced and their exercise cannot be voluntarily limited.

Art. 12 Anyone may demand that a threat or injury to his personality rights cease, and may claim losses and damages, without prejudice to other sanctions provided for by law.

Sole paragraph. In cases of death, the surviving spouse, any relative in direct line, and any collateral relative to the fourth degree, are legitimate parties to apply for the measure provided for in this article.

Art. 13 Except for reasons of medical necessity, acts of disposition of one's own body are prohibited, when the disposition would result in a permanent reduction of physical integrity or would be contrary to good conduct.

Sole paragraph. The acts contemplated in this article shall be permitted for the purposes of transplant, in the form established by special legislation.

Art. 14 Gratuitous disposition of the whole or a part of one's own body for scientific or altruistic purposes, with effect after one's death, is valid.

Sole paragraph. The act of disposition may be freely revoked at any time.

Art. 15 No one may be compelled to submit to medical treatment or surgical intervention that presents a life-threatening risk.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

Rose, L., The Brazilian Civil Code in English (Rio de Janeiro/Sao Paulo/Recife: Renovar, 2008)Google Scholar
Wheless, J., The Civil Code of Brazil (St. Louis: Thomas Law Book Co., 1920)Google Scholar
Schmidt, K., Handelsrecht (5th edn., Cologne: Heymanns, 1999), p. 9Google Scholar
Luhmann, N., Soziologie des Risikos (Berlin: de Gruyter, 1991)Google Scholar

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