LEGAL SUBJECTIVITY OF THE CONCEIVED AND UNBORN CHILD

Abstract

The modern era is characterized by the increasing interest of lawyers, as well as the needs of society itself for legal regulation of the position and protection of the unborn child. In order to determine this legal position, it is first necessary to answer the question of when human life begins, i.e. when a person is actually born, because the birth of life is crucial for the acquisition of legal subjectivity. In legal theory, there are three dominant views on the legal status of the nasciturus: legal subjectivity is acquired by conception, legal subjectivity is acquired by birth, or a third solution that talks about the specific legal position of the nasciturus. Depending on the accepted point of view, the scope of legal, primarily civil protection of the nasciturus differs.