Residential College | false |
Status | 已發表Published |
Surrogacy contracts are not just another contract | |
Vera Lúcia Raposo1,2 | |
2019-09-01 | |
Source Publication | Medicine and Law |
ISSN | 0723-1393 |
Volume | 38Issue:3Pages:535-546 |
Abstract | Surrogacy contracts, like any other contract, find their main regulation in contract law. However, contract law requires some adaptations to satisfy the specificities of surrogacy arrangements. This paper analyses the main particularity of surrogacy contracts: The need to protect the best interests of a third party, the unborn child; the flexibility of the principle pacta sunt servanda; the disparity between the two parties of the contract, (even though this feature is not consensual). The paper will also look into the adaptations that should be implemented in contract law to regulate these contracts, such as the incorporation of values from family law for the protection of the best interests of the unborn child; the recognition of a right to regret; and the implementation of measures to assure some equality between the parties. |
Keyword | Contract Law Family Law Freedom Of Contract Right To Regret Surrogacy |
URL | View the original |
Language | 英語English |
Scopus ID | 2-s2.0-85075129773 |
Fulltext Access | |
Citation statistics | |
Document Type | Journal article |
Collection | University of Macau |
Corresponding Author | Vera Lúcia Raposo |
Affiliation | 1.Faculty of Law of Macau University,China 2.Faculty of Law of Coimbra University,Portugal |
First Author Affilication | Faculty of Law |
Corresponding Author Affilication | Faculty of Law |
Recommended Citation GB/T 7714 | Vera Lúcia Raposo. Surrogacy contracts are not just another contract[J]. Medicine and Law, 2019, 38(3), 535-546. |
APA | Vera Lúcia Raposo.(2019). Surrogacy contracts are not just another contract. Medicine and Law, 38(3), 535-546. |
MLA | Vera Lúcia Raposo."Surrogacy contracts are not just another contract".Medicine and Law 38.3(2019):535-546. |
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