NASCITURUS IN GERMAN LAW
DOI:
https://doi.org/10.52026/2788-5291_2021_65_2_115Keywords:
nasciturus, right to life, beginning of right to life, legal capacity, German LawAbstract
This article is devoted to the nasciturus in German law. The study is primarily focused on German Law. Nevertheless, comparative analysis is provided.
The aim of the article is to study a legal status of nasciturus. First of all, a legal capacity of nasciturus is analysed. In Germany, according to the German Civil Code the beginning of a legal capacity is connected with the birth of the child. It means that an unborn child has no legal personality. However, despite that fact, an analysis of the German literature as well as the legislation, and the court practice shows that the unborn child actually has the legal capacity.
Second, special attention is addressed to the dignity of the unborn life and its connection to the legal capacity. Under German Law, the dignity is closely connected with the legal capacity.
Third, German Embryo Protection Act is also analysed. This Act clearly indicates that the State provides protection to the unborn life, i.e. embryo.
Last but not least, the issue of the beginning of life is studied. It is suggested that the life begins from the moment of fertilization. The same moment could be considered as the beginning of both the legal protection of nasciturus and partial legal capacity.