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Feta Damage Claim Of Judicial Practice

Posted on:2012-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:H L LuFull Text:PDF
GTID:2166330338995649Subject:Law
Abstract/Summary:PDF Full Text Request
The problem of fetal damage in recent years, as technology advances, human life, substantial increase in medical conditions, followed by a lot of bad problems, such as traffic accidents, environmental pollution, along with these problems the fetus Problems emerged.From the womb of human life are faced with many dangers, so the fetus in the modern dominant position in a civil action whether or not the basis of established theory, many scholars and judicial attention and research workers, resulting in many of the fetal body theory Doctrine, then whether the right to life of the fetus, health, dependents of the right, were discussed.Exercise their natural right to life is the basis for the beginning of fetal life, a natural person for the protection of individual life, it should start from the fetus, therefore, should give the fetus the right to life, protection of natural persons in order to better the lives of start-up phase On this basis, we can better explore the fetus the right to health and dependent, and only give the fetus the right to life, health and dependent rights to the personal interests of the formation of fetal damage claim paternity party theory, The scope of claims for damages theory and the theory of limitation. The only way is to promote the improvement of the legislation and in order to make justice a practical operational.
Keywords/Search Tags:Fetus, Fetal Rights, The right of health, Under custody, Claim for damages
PDF Full Text Request
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