Show Menu
Cheatography
  1. Home >
  2. Education >

Law of Persons and the Family Cheat Sheet (DRAFT) by

The beginning of legal personality.

This is a draft cheat sheet. It is a work in progress and is not finished yet.

BIRTH AND ITS LEGAL SIGNIF­ICANCE

Legal person­ality for human beings begins at birth. For the juristic persons the decisive event is regist­ration.
There is thus no legal person­ality before birth or regist­ration.

NASCITURUS FICTION

The nasciturus fiction has its origin in the law of succes­sion. It was thought that a foetus already conceived should be able to benefit from its parents deceased estate in the same way as other children who were already born. The problem here is that the legal system does not recognize the foetus as a legal person who can be the bearer of rights, duties and capaci­ties. Because a foetus cannot have rights it cannot inherit.