Investigation on fetal civil capacity- from the perspective of Article 16 of the Civil Code

Shiyu Zhao

doi:10.54097/3hyzj888

Authors

Shiyu Zhao

DOI:

https://doi.org/10.54097/3hyzj888

Keywords:

Protection of fetal interests, civil capacity, scope of civil rights

Abstract

The Protection of Fetal Interest is reflected in Article 16 of China's Civil Code through an enumerated form, which endows the fetus with certain legal capacity and rights. At the same time, the scope of fetal legal capacity and rights is expanded by using the word "and" to include material personality rights and damage compensation claims, etc. In addition, a but clause is established to restrict the legal capacity and rights of the fetus. This article takes Article 16 of China's Civil Code as the perspective, discusses the related issues of fetal legal capacity and rights. By defining the legal concept of the fetus, combining relevant theoretical research, exploring the legal nature and scope of fetal civil rights and obligations, in order to better protect the interests of the fetus.

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