Zdolność prawna nasciturusa – ze szczególnym uwzględnieniem kwestii odszkodowawczych
Legal Capacity of Nasciturus – with Particular Regard to the Issue of Damages
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The article describes the evolution of doctrine and judicial practice in relation to the issue of legal capacity of nasciturus. Providing an overview of law ranging from the so-called ‘old law’ (general provisions of the civil law of 1950) to the Civil Code, the author presents major positions to be found in literature on the subject and presented by the judiciary concerning the legal capacity of a conceived but unborn child. It also attempts to determine the moment of coming into existence of the nasciturus and, consequently, possible legal protection afforded to it. Furthermore, the author evaluates de lege ferenda proposals put forward by the Civil Law Codification Commission in terms of the legal capacity of a foetus. In addition, the article addresses the issue of liability for harm suffered in the prenatal period, in particular in the context of the moment when a claim for damages arises, and the relation of Article 8 of the Civil Code to Article 4461 of the Civil Code.
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