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The Legal Issues Study Of Protecting The Interests Of Fetus

Posted on:2010-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:S LiFull Text:PDF
GTID:2166360275455804Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Today's era,had been violated when the natural result of physical injury,or educe the elimination of property,they should be in accordance with their respective crelevant laws and compensation for damage to the request to punish the infringer. This is the law of natural right,no doubt.But the fetus is different from the ordinary people,has its own particularity.The fetus in their breeding period in the mother also can not be called a law,but its biological sense,is the early,rather than objects.Slow fetal growth after being born,is the growth of the fetus to go through.For the protection of these future members of society,the legislation generally of different degrees of protection of the interests of the fetus.Modern society,as a result of the increase in risk factors for cases of fetal harm increasing.Birth in fetal development to this stage,the encounter against the risks,can make the request of the aspirations of the legal protection of the provisions of different countries.Civil law countries, especially China's Civil Code to protect the interests of the relevant provisions of the fetus is not perfect and can not provide a strong protection of the fetus,thus improving the child protection legislation is particularly urgent.In addition to Introduction and Conclusion In this paper,the total is divided into four chapters.Chapter for the protection of the interests of the child's fundamental problems.First of all,to define the concept of the fetus and the fetus against the interests of elements of responsibility,and then cited the interests of the child protection legislation cases.From civil law and common law,introduced two aspects. Civil law countries the relevant legislation to protect the interests of the fetus were divided into three types,namely,absolute,and listed,and summarized,and the analysis of three cases based on the legislation is reviewed.The law is more the case in the form of fetal protection.Chapterâ…¡of the theoretical issues of fetal interests. Listed a variety of theory and evaluation of the content of doctrine.Rights were able to say,the benefits that the tort liability that,at the same time,introduced the application of theory.Chapterâ…¢for the specific rights of the fetus and the protection of the exercise.Introduced the fetal inheritance,the right to request compensation for dependents,the right to receive bequests,according to contract benefits,as well as the health of the right to request compensation for damage,in addition to the protection of fetal interests of special problems.The fourth chapter is devoted to the interests of our child protection legislation,as well as problems in the status quo,at the same time protect the interests of the fetus to improve the legislative proposal.
Keywords/Search Tags:fetus, constitutes the responsibility, fetal rights, the protection of the interests
PDF Full Text Request
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