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All Interests of the unborn child will be handled by the court until born alive 1

An unborn child is regarded as a legal subject if the relevant event happened after the moment of conception, is to the advantage of the unborn and the unborn is born alive in terms of the common law (Roman-Dutch Law).

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12y ago
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14y ago

The Nasciturus Fiction is a legal fiction. It has to do with courts of law. It basically states that if an unborn child suffers damage then after that child suffers damage and still has that damage, then the person inflicting that damage is responsible for that damage. Thus, say a man has two children and a pregnant wife and is injured. Then when the baby is born, the nasciturus fiction changes the court decision to make the company that injured the father responsible for supporting 3 children. If someone hits the wife, If the baby is born with an injury, then the person damaging the unborn child is just as responsible as he would be for injuring a child already born.

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15y ago

Pinchin v Santam insurance co. RAF v Mtati Supreme Court of Appeal South Africa

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Q: General principles of nasciturus fiction
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Principles relate to factors Theory relates to principles Laws are rules


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What is the difference between general and particular jurisprudence what are the differences between general or articular jurisprudence?

General JurisprudenceAustin defines "general jurisprudence": "General jurisprudence is the science concerned with the exposition of the principles, notions and distinctions which are common to the systems of law, understanding by systems of law, the ampler and mature systems which, by reason of their amplitude and maturity, are pre-eminentlypregnant with instruction".General jurisprudence is an attempt to expound the fundamental principles and broadest generalizations of two or more systems.It is an effort to bring two or more jurisprudencesunder one umbrella and analyze them.It is the province of general, pure or abstract jurisprudence to analyze and systematize the essential elements underlying the indefinite variety of legal rules without special reference to the institution of any particular country.The field of general jurisprudence is wider than particular jurisprudence.It procures data from two or more countries.EXAMPLE: possession is accepted as nine tenth of its right throughout the world.Particular JurisprudenceAustin defines 'particular jurisprudence': "particular jurisprudence is the science of any one of such systems of law or any portion of it. The only practical jurisprudence is particular".Particular jurisprudence is confined only one jurisprudence at a time, viz. Hindu jurisprudence, Roman jurisprudence, Islamic jurisprudence, etc.The particular jurisprudence is practical jurisprudence.Particular jurisprudence is confined to particular country or sometimes to a particular area too.The field of particular jurisprudence is narrower than general jurisprudence.It procures data from one particular system of law only.EXAMPLE: in particular jurisprudence, the period of possession differs from one country to another.


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Related questions

Why use nasciturus fiction?

The Nasciturus Fiction is a legal fiction. It has to do with courts of law. It basically states that if an unborn child suffers damage then after that child suffers damage and still has that damage, then the person inflicting that damage is responsible for that damage. Thus, say a man has two children and a pregnant wife and is injured. Then when the baby is born, the nasciturus fiction changes the court decision to make the company that injured the father responsible for supporting 3 children. If someone hits the wife, If the baby is born with an injury, then the person damaging the unborn child is just as responsible as he would be for injuring a child already born.


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