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Summary Interests of The Unborn Child & The Nasciturus Fiction

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A summary of: Interests of The Unborn Child & The Nasciturus Fictions Notes from Law of Persons (LAWS1013A at Wits University). A comprehensive summary of the topic content - including diagrams, definitions and explanations where applicable.

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Interests of the unborn
child/Nascitrus Fiction
Created @August 24, 2022 12:39 PM

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When does legal personality begin?
begins wiith live birth

birth →

physical separation from the mother’s body

must have lived independently after separation

medical evidence

sign of life




Nascitrus Fiction
legal subjectivity begins with a birth

Interests of an unborn child sometimes require protection

Nascitrus Fiction: Unborn child can be regarded as already having been born when
it is to the child’s advantage




Interests of the unborn child/Nascitrus Fiction 1

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