Application of the Concept of Best Efforts and Result Achievement for the Classification of Medical Obligations in the Sphere of Transplantation

The article examines the legal nature of organ and tissue transplantation relations in the Russian Federation through the prism of the French concept of dividing obligations into obligations to apply efforts (“obligation de moyens”) and achieving results (“obligation de resultat”), adopted by Russian law enforcement practice in distinguishing between contracts for work and service contracts. It is noted that organ and tissue transplantation is an obligation to apply efforts due to an objectively high therapeutic risk and is exhausted by the traditional design of the contract for the provision of paid services. Activities relating to the removal, storage, conservation and transportation of organs and tissues tend towards the model of commitment to achieve results, as a result of which they are a mixed contract with elements of contract and paid services. The proposed differentiated approach makes it possible to balance the limits of civil liability of medical organizations.