The patrimonial and non-patrimonial rights of the unborn child

Introduction

Content

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Introduction

The article examines the legal recognition of both property and non-property rights of unborn children. It considers the implications for inheritance, civil liability, and protection of personal interests under Romanian law.

Content

The article explores how Romanian law recognises both patrimonial and non-patrimonial rights of the unborn, noting that these rights exist from conception but can only be exercised after birth. It examines the effects on inheritance, showing that an unborn child can acquire property rights conditional on being born alive. Non-patrimonial rights, including protection of personal integrity and interests, are also considered, with mechanisms to prevent harm before birth. Relevant case law and judicial interpretations are discussed to guide courts in balancing the rights of the unborn with those of others. The article emphasises the importance of clear legal frameworks to ensure both material and moral protections are enforceable

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