ПРАВНИ СУБЈЕКТИВИТЕТ ЗАЧЕТОГ, А НЕРОЂЕНОГ ДЈЕТЕТА
LEGAL SUBJECTIVITY OF CONCEVIED, BUT UNBORN CHILD
Author(s): Petra MedakovićSubject(s): Civil Law, Human Rights and Humanitarian Law, Philosophy of Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: nasciturus (unborn child); legal position of an unborn child; legal subjectivity; right to live; prenatal damage; abortion;
Summary/Abstract: Modern age is characterised by increasing interest of jurist, as well as the need of the society itself, in terms of legal regulative of the subjectivity and the protection of an unborn child. In order to define legal status of an unborn child, it is necessery to first determine at what precise moment human life is created, because it is the moment in which life is created that is crucial for obtaining legal subjectivity. In the theory of law there are three dominant standings relevant for this matter: legal subjectivity is acquired at the time of human conception , legal subjectivity is acquired at the time of birth, and third solution according to which an unborn child has a specific, sui iuris legal subjectivity. Depending on which of these understandings is accepted, we can differenciate levels of protection that law provides, mainly in the terms of the protection of unborn child’s civil rights
Journal: Српска правна мисао
- Issue Year: 2014
- Issue No: 47
- Page Range: 263-283
- Page Count: 21
- Language: Serbian