ABSTRACT
Compensation for what the loss of the material is reasonably worth to the donor appears to be excluded in the provisions. The Explanatory Report to the Convention implies that those undertaking technical acts relating to the material can be reasonably remunerated but those donating are prohibited from doing so and instead limited to receiving, where applicable, compensation for loss of income and expenses incurred. Some legislation is also unequivocal in preventing the donor from getting anything but compensation for expenses or lost income, for example, Spain’s law. A few governments make special non-legislative arrangements for donor expenses and lost earnings to be paid for but in general the absence of legislative provision in this area can cause problems. Whilst hospitals can voluntarily offer the donor compensation it is unlikely that many of them are doing so as a matter of course. Prohibitions are often focused on ‘trade,’ ‘commerce’ or ‘payment’ but in isolation the terms are somewhat vague.
