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ERIC Number: EJ1115721
Record Type: Journal
Publication Date: 2016
Abstractor: As Provided
Contingent Capability of a Conceived Child: Civil Law Aspect
Kirillova, Elena A.; Suslikov, Vladimir N.; Blinkova, Elena V.; Blinkov, Oleg E.; Staroseltseva, Marina M.
International Journal of Environmental and Science Education, v11 n14 p6573-6580 2016
This paper covers on contingent legal capability of a conceived child. To protect the capability of conceived children and legal rights, including property, emerging on that basis, it is imperative to strictly identify the moment of emergence and termination of legal capability. The objective of this research is to analyze the provisions on civil law governance of the relations, the object of which is a conceived child's legal capability, and to develop recommendations aimed at improvement of the international regulations. General scientific methods are mainly applied in the course of theoretical rationalizing of the problem, studying the issues of establishment and development of the concept on contingent legal capability of a conceived child in regulations of various countries. It is offered to formalize in the legislation contingent recognition of an embryo as a person, and in that case a mandatory provision should apply--further birth of an alive child which brings an embryo from the category of contingent person into the category of non-contingent person, enjoying a number of rights prior to the birth--the right to be an heir, a grantee, a fructuary. Capability classification was offered--contingent capability of a conceived child; partial capability of a born child; full capability of an adult. The absence of medical indications predetermines absolute protection of a conceived child as a special object of protection. It is required to identify the list of reasons to be accepted by all the states as sufficient for legal termination of pregnancy--first, to take care about life and health of mother, also allowing improving the demographic situation in some countries.
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Publication Type: Journal Articles; Reports - Research
Education Level: N/A
Authoring Institution: N/A
Identifiers - Location: Russia
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