Compensation for damage in civil liability for stem cell banks in Jordanian legislation

Abstract

The study aims to identify the nature of compensation for damage in the field of civil liability for stem cell banks, both contractual liability and liability for harmful action, according to Jordanian legislation in terms of the nature of the commitment to civil liability for stem cell banks, what type of compensation for liability, and what damages are covered by the compensation. What is the nature of the insurance contract for the preservation of stem cells, represented by the general rules in the Jordanian Civil Law, the texts of Stem Cell Regulation No. (10) of the year (2014) and its instructions, and the instructions for insurance of stored stem cells of the year (2014) and its amendments, as the nature of the obligation in the field of civil liability for banks is an obligation to achieve the result of ensuring the safety of stored stem cells from damage. The compensation resulting from the bank’s civil liability is monetary compensation, which is completely estimated by the judge (court). The National Cell Committee, which oversees the stem cell, determines the amount of damage, and its decision is final and not subject to appeal. In addition, the National Stem Cell Committee is the body authorised to determine the amount of compensation after the judge has estimated it. It is also not permissible to agree to exempt the bank from its responsibility, whether a public or private bank. Especially since every agreement between the parties must be approved by the National Stem Cell Committee, the Insurance Authority, the Federation of Insurance Companies in Jordan, or both, we seek to include explicit texts that support the issue of stem cell banks, such as a text that specifies the cases in which a stem cell bank is exempted from the compensation amount.