Legal problems relating to contract to freeze human remains (Cryonics) or cryopreservation agreement for medical treatment when available in the future.

Abstract

This article is for the study of legal problems on cryopreservation agreement relating to freeze human remains pending cool with future medical advancement and technology by analyzing contractual generality on holding of rights under cryopreservation agreement, for instance, minor capacity, format of agreement, objectives of agreement, etc. enforcement an control and legal system development organization for issuing measures in making cryopreservation agreement and control off cryopreservation business organization in Thailand, is necessity because cryopreservation is new and is under no specific law in Thailand. The researcher will study ways of word help organization (WHO) and see whether, in these matters, some can be adopted And we also study comparison and analysis of concept, certification and practice of foreign countries such as United States of America, United Kingdom and Canada.

From analytical study an agreement and other related law, it is found that there are not any legal rules on holders of rights, format of agreement and contractual steps going forward vis-à-vis the making of cryopreservation agreement, exemptions where the parties may refuse performance when performance is impossible, organization and rules and regulations in controlling and supervising cryopreservation business organization. Some legal rules such as Private Autonomy, Freedom of Contract, Autonomy of Will, Principle of autonomy, Public Order or Good Moral, can be adapted.

Therefore, due to no specific law, the researcher proposes providing specific laws as the bills on contract to freeze human remains (Cryonics) or cryopreservation agreement for medical treatment when available in the future. Further, the researcher has proposed management of property in the form of trust and raising funds in the form of life insurance for cryopreservation.