تعارض بین مالیت بالفعل و شخصیت بالقوه جنین آزمایشگاهی

Artificial insemination or vitro embryo is one of the Medical Scientifics’ achievements be used for helping the modern human being. This matter would governed by particular ethical and law rules that would be distinguished from rules governing on the other product of the human bodies. Although vitro embryo can be changed to the human and obtained personality, but before it becomes to fetus, can be taken account as property and legally transferred. Primarily, this research presumes vitro embryo as actual property and explains this issue relying on customary definition of vitro embryo’s being property or person. So we realize that there are conflicts between the rules governing on actual being property of vitro embryo, on the one hand and the rules governing on potential being person of it, on the other hand. This finding requires to be resolved the conflicts between two rules that are inconsistent with together and preferred one rule over the other by preponderant. In question of preponderance, although it seems the rules of its being person are preferred over the rules of its being property always, but it should be considered that embryo is a potential person and an actual property and that actual rules would be dominated over potential rules. The above discussion will lead us to understand determination of preponderances is difficult. It seems the solution of conflicts should be determined according to possibility of actualizing the potential. If it could be predicted that embryo becomes person and obtains personality in the future, thus potential being person of embryo is preponderant actual being property of it. However, the rules governing on actual being property of embryo are preponderant rules concerning to potential being person of it, if it appears impossibility of embryo becomes person and it is determined that essentially decision-making regarding to embryo has no connection with becoming person of embryo in the future.