RRLLB81 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025 - The
Nasciturus fiction and
wrongful life
FOR FURTHER ASSISTANCE
PLEASE CONTACT
, RRLLB81 ASSIGNMENT 2 – SEMESTER
2, 2025
Topic: The Nasciturus Fiction and Wrongful Life
1. Introduction
South African private law has long grappled with the intersection between the nasciturus fiction
—a principle that recognises certain legal rights of the unborn child—and the controversial
notion of wrongful life, which raises profound legal, moral, and ethical questions.
This assignment explores the origins, development, and application of the nasciturus fiction in
South African law, and examines its relationship with wrongful life claims, particularly in
medical negligence. The discussion highlights case law, statutory references, and academic
debate, while also offering a comparative perspective.
2. The Nasciturus Fiction
2.1 Definition
The nasciturus fiction (from the Latin “he who will be born”) is a legal principle that treats an
unborn child as already born whenever it is to the child’s advantage. Importantly, this legal
recognition is conditional on live birth.
In South African law, the fiction is not automatic but applied selectively to ensure justice and
equity in matters such as inheritance, succession, and delictual claims.
2.2 Historical Background
Roman Law: Roman jurists developed the nasciturus principle primarily for succession
and inheritance. It allowed a child conceived but not yet born to inherit as though it were
already a legal subject, provided the child was later born alive.
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025 - The
Nasciturus fiction and
wrongful life
FOR FURTHER ASSISTANCE
PLEASE CONTACT
, RRLLB81 ASSIGNMENT 2 – SEMESTER
2, 2025
Topic: The Nasciturus Fiction and Wrongful Life
1. Introduction
South African private law has long grappled with the intersection between the nasciturus fiction
—a principle that recognises certain legal rights of the unborn child—and the controversial
notion of wrongful life, which raises profound legal, moral, and ethical questions.
This assignment explores the origins, development, and application of the nasciturus fiction in
South African law, and examines its relationship with wrongful life claims, particularly in
medical negligence. The discussion highlights case law, statutory references, and academic
debate, while also offering a comparative perspective.
2. The Nasciturus Fiction
2.1 Definition
The nasciturus fiction (from the Latin “he who will be born”) is a legal principle that treats an
unborn child as already born whenever it is to the child’s advantage. Importantly, this legal
recognition is conditional on live birth.
In South African law, the fiction is not automatic but applied selectively to ensure justice and
equity in matters such as inheritance, succession, and delictual claims.
2.2 Historical Background
Roman Law: Roman jurists developed the nasciturus principle primarily for succession
and inheritance. It allowed a child conceived but not yet born to inherit as though it were
already a legal subject, provided the child was later born alive.
