Volume 19 (2011) / Issue 2
Abstract: The liability of sperm banks raises interesting questions with regard to some basic legal principles. In our opinion, sperm can be considered an object on which one can have property rights, thus leading to the possibility of an action in bailment. The Belgian law, however, differs from other countries' law in recognizing the doctrine of non-cumulation between contractual and extra-contractual liability. An additional extracontractual action can thus be questionable.
All rights reserved