Fetus Rights Protection In Civil Law

Fetus is the stage that all natural persons must experience in the course of life development . To protect fetus rights is an inevitable requirement for overall-protecting natural person's personal and property rights.At present,many countries show the concern about this problem in their civil law to different degrees.However,in our country,it is only Article 28 of Law of the People's Republic of China on Succession,which regulates fetus'inheritance right.The loopholes in legislation make it difficult or even impossible to well protect fetus rights in judicial practice.Under such circumstances,it seems urgent and important to conduct researches on civil law protection of fetus rights in China. By adopting the methods of comparative analysis and theory analysis,the thesis discusses the problem in three chapters:Chapter One illustrates the theoretical basis for fetus rights protection in civil law.Three theories in the continental law countries are discussed deeply——theory of legal capacity for rights,theory of basis of claim rights and theory of legal benefits . By analyzing the advantages and disadvantages of the above-mentioned theories separately,the author considers that fetus rights protection in civil law should be based on the system of capacity for rights,and fetus shall be considered as having the right capacity with the condition of"born alive".It takes the theory of legally rescinding condition,i.e. a fetus is granted the civil right capacity before he is born,but he will lose it retroactively if he is stillborn.Chapter Two discusses the protection for fetus rights in civil law.The author insists that the scope of fetus rights should be limited in right of health,right of status,right of succession,right to be bequeathed and right to be benefited by contracts.Then,the author holds that fetus'right for damages should be analyzed according to different infringement conditions.When fetus'right of health is infringed,the right for damages can only be conducted after birth.Other rights,...