nasciturus rule

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Roman Law:(Digest 1.5.7)"nasciturus pro iam nato habetur quotiens de commodo eius agitur"


nasciturus rule

  1. (law) An unborn child, if subsequently born alive, is considered as already in existence whenever it is to its own advantage.
    • "The right of a child to sue for prenatal injuries is recognised in law, but the more difficult question is whether such an action should be allowed by using the nasciturus rule or by using the ordinary principles of the law of delict. The contention that the recognition of an action for prenatal injuries is logically impossible without the conferment of legal rights, and hence legal personality, upon the unborn child, as achieved by the nasciturus rule, is to be rejected. ROAD ACCIDENT FUND v MTATI 2005 (6) SA 215 (SCA)