Publication details
Vlastnické právo nenarozeného dítěte a správa jeho jmění
| Title in English | Property right of unborn child and administration of his assets |
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| Authors | |
| Year of publication | 2017 |
| Type | Article in Proceedings |
| Citation | |
| Web | Odkaz na plný text příspěvku |
| Keywords | Nasciturus; Legal Status; Property Right; Representation of the Child; Administration of the Child’s Assets. |
| Description | Unborn child is not currently from a constitutional perspective considered as equal human person, who should be the bearer of fundamental rights. In the Civil law was founded due to huge amendment a legal fiction, according which can be unborn child considered as a human person, orrather as a bearer of legal personality. This is related to many legal questions about the problematic of acquisition of property rights and their performance. The aim of the paper will be the interpretation of the legal status of unborn child in the czech legal system, with focusing on his private-legal status. These findings will be eventually confronted with the current legal situation DNY PRÁVA / DAYS OF LAW 2016 54 in the area of representation of the child and administration of his assets, including the possibility of its analogous application in relation to the legal protection of conceived (unborn) child. |