nasciturus rule

专有名词
中文释义

英文释义

专有名词
  1. The rule stating that an unborn child, if subsequently born alive, is considered as already in existence whenever it is to its own advantage.
    — The right of a child to sue for prenatal injuries is recognised in law, but the more difficult question is whether such an action should be allowed by using the nasciturus rule or by using the ordinary principles of the law of delict. The contention that the recognition of an action for prenatal injuries is logically impossible without the conferment of legal rights, and hence legal personality, upon the unborn child, as achieved by the nasciturus rule, is to be rejected.

词形变化

the nasciturus rule canonical

词源

From Roman law (Digest 1.5.7): "nasciturus pro iam nato habetur quotiens de commodo eius agitur".
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