Abstract

LLEDO YAGUE, Francisco  and  MONJE BALMASEDA, Óscar. Documented observations regarding the debate on the cryopreservation of the deceased human body. The right to live after death. Rev. Derecho [online]. 2019, n.20, pp.247-265.  Epub Dec 01, 2019. ISSN 1510-3714.  https://doi.org/10.22235/rd.vi20.1875.

The legal study presented to us in this paper is a reflection on human life and a reflection (between fantasy and reality) of the legal situations that should be addressed if "resuscitation" was possible. Is he the same person? Could he be recognized personality, legal capacity, a new (and bewildering) civil status, being reborn cryonic)? Other legal reflections, such as the rights of the "ex novo" person? But it is not only a legal reflection, but also an ethical and philosophical one on the purpose of human life and the feeling of one’s own projection after death. And a truly overwhelming final reflection is possible to "overcome death" and come to immortality. Religious sentiment and "belief in the spirit" cannot be ignored, regardless of purely materialistic considerations, which do not prevent the legal reflection of the authors, and the questions raised by the preservation of the body to prolong the life. It is a novel subject, unpublished, and there is where the original approach to the doubts and socio-legal questions analysed by the authors lies.

Keywords : cryopreservation; legal capacity; dead cryopreserved body; cryogenic society; heirs; certified death; personality; Civil Registry..

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