The unborn conceived

Abstract

Western civilisation is founded on the notion of the person; a core and central concept of civil law, which encompasses since birth, and even before birth, until death and beyond. The legal problems posed by such a human being in the period between conception and birth are numerous. Although articles 29 and 30 CC deal with the acquisition of civil personality and, incompletely, with the legal status of the nasciturus, these precepts, as well as articles 959-967 CC, are mainly designed to deal with the inheritance interests of the unborn child and, in particular, the rights of the nasciturus in the paternal inheritance. However, doctrine and jurisprudence have endeavoured to define the legal status of the nasciturus by applying the principle "pro iam nato habetur" contained in the second paragraph of art. 29 CC beyond the sphere of the estate. We have applied this principle to practically all areas of civil law (personal, family, inheritance, contracts, etc.) in this work.