PRENATALNA ZAŠTITA PRAVA LIČNOSTI
PRENATAL PROTECTION OF PERSONALITY RIGHTS

Summary/Abstract: In modern civil jurisprudence, it is indisputable that a conceived and unborn child (nasciturus) has a certain (limited, partial, conditional) legal capacity, but there is no general agreement on the extent of that ability and the timing of its acquisition. This issue is particularly emphasized concerning prenatalnon-property rights (personal rights) which are only partially protected in certain lex specialis laws, while prenatal property (inherited) rights are fully protected by the nasciturus institute. Therefore, it is necessary to establish integral legal protection of the nasciturus, ie. to establish a unique system of civil protection of his property and non-property rights from the same time moment and to the same extent. There are several points of view regarding the legal capacity to nasciturus (in vivo and in vitro) and the associated legal position of the infans conceptus as a prerequisite for the (civil) legal protection of a person’s rights: 2. that these entities have a general legal capacity and 3. a compromise position according to which a specific, sui generis legal category is concerned. The most widely used solution is the compromise solution according to which legal subjectivity arises from the very conception (and even earlier) from which moment the graduation of rights is done, to acquire the full legal capacity that all-natural persons have as subjects of law with the birth of a child.

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