ASPECTE REFERITOARE LA CAPACITATEA SUCCESORALĂ A CELUI CONCEPUT DAR NENĂSCUT DIN PERSPECTIVA PROCREĂRII ASISTATE MEDICAL
ASPECTS REGARDING THE SUCCESSIONAL CAPACITY OF THE DESIGNED BUT UNBORN FROM THE PERSPECTIVE OF MEDICALLY ASSISTED PROCREATION

Summary/Abstract: Medically assisted human reproduction becomes more and more a reality in the Romanian society. This new way of obtaining the attribute of a legal subject has major implications on the current sociallegal relationships and therefore, the legal concepts which are impacted by or fall under this topic should be identified. Among such legal concepts, the lineage, the obtaining of the legal capacity ‐ to undertake and fulfilled obligations as well as to acquire and exercise rights by mere event of birth ‐ and of the capacity (entitlement) to inherit such child should be mentioned. In Romania, the legislation is not comprehensive and rather ambiguous, even after the entering into force of the Order no. 765 of 27 may 2011 of the Ministry of Health and of the new Civil code.

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