Publication details
Nasciturus: subjekt, nebo objekt právního vztahu?
| Title in English | Nasciturus: subject or object of legal relationship? |
|---|---|
| Authors | |
| Year of publication | 2019 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
| Description | Nowadays, there is always kept the expert discussion about the legal status of an unborn child, especially in relation to the protection of his physical integrity in the context with the performing of abortion or research on human embryonic stem cells. On the other hand, there is not paid enough attention to the need to distinguish between the private law and public regulation. While in the area of public law, an unborn child is de lege lata not considered to be a human person who is the bearer of the right to life, is this issue in the private law regulated in a different way. On the basis of the legal fiction and rebuttable presumption contained in § 25 of the new Civil Code, is nasciturus conditionally regarded as the holder of a legal personality as well as every born human being. It is therefore a fundamental question whether is the institute of surrogate motherhood contrary to the traditional distinction between persons and things in the legal sense of the word, when its based on an arrangement between a infertile couple and a surrogate mother, in which the nasciturus is merely an object of contract. |