Nasciturus pro iam nato habetur, quotiens de commodis eius agitur
Encyclopedia
Nasciturus pro iam nato habetur, quotiens de commodis eius agitur is a Latin
phrase
which refers to a law
which enables a foetus
to inherit
property
. In normal circumstances, a foetus may not inherit, as it does not legally become a "person
" until it is born
. Under this law, the foetus is legally presumed to have been born for the purposes of inheritance. Such laws were common in Roman law
and are used today in most Europe
an countries, in the Americas (where the fetus is at times legally considered to be a person) and in South Africa
.
The phrase is translated as: "The unborn is deemed to have been born to the extent that its own benefits are concerned". "Nasciturus" (literally, "one who is to be born") refers to a child which has been conceived
, but has not yet been born, i.e. a foetus.
This rule is an exception, and applies exclusively for the purpose of inheritance.
Some additional conditions are required for this exception to be legally valid; primarily, the foetus has to be fully born.
Notable cases of the application of this maxim include John I of France
, the short-lived posthumous son of King Louis X
, who inherited the throne in utero and, once born, reigned for the five days of his life. Similarly, when Queen Victoria
inherited the British throne, her accession proclamation specified that her inheritance was "...saving the rights of any issue of his late Majesty King William IV
, which may be born of his late Majesty's consort" Queen Adelaide
, since any such unborn offspring would have had a prior claim to the throne and displaced Victoria as monarch.
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
phrase
Phrase
In everyday speech, a phrase may refer to any group of words. In linguistics, a phrase is a group of words which form a constituent and so function as a single unit in the syntax of a sentence. A phrase is lower on the grammatical hierarchy than a clause....
which refers to a law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
which enables a foetus
Fetus
A fetus is a developing mammal or other viviparous vertebrate after the embryonic stage and before birth.In humans, the fetal stage of prenatal development starts at the beginning of the 11th week in gestational age, which is the 9th week after fertilization.-Etymology and spelling variations:The...
to inherit
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
. In normal circumstances, a foetus may not inherit, as it does not legally become a "person
Person
A person is a human being, or an entity that has certain capacities or attributes strongly associated with being human , for example in a particular moral or legal context...
" until it is born
Childbirth
Childbirth is the culmination of a human pregnancy or gestation period with the birth of one or more newborn infants from a woman's uterus...
. Under this law, the foetus is legally presumed to have been born for the purposes of inheritance. Such laws were common in Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
and are used today in most Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
an countries, in the Americas (where the fetus is at times legally considered to be a person) and in South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
.
The phrase is translated as: "The unborn is deemed to have been born to the extent that its own benefits are concerned". "Nasciturus" (literally, "one who is to be born") refers to a child which has been conceived
Fertilisation
Fertilisation is the fusion of gametes to produce a new organism. In animals, the process involves the fusion of an ovum with a sperm, which eventually leads to the development of an embryo...
, but has not yet been born, i.e. a foetus.
This rule is an exception, and applies exclusively for the purpose of inheritance.
Some additional conditions are required for this exception to be legally valid; primarily, the foetus has to be fully born.
Notable cases of the application of this maxim include John I of France
John I of France
John I , called the Posthumous, was King of France and Navarre, and Count of Champagne, as the son and successor of Louis the Headstrong, for the five days he lived...
, the short-lived posthumous son of King Louis X
Louis X of France
Louis X of France, , called the Quarreler, the Headstrong, or the Stubborn was the King of Navarre from 1305 and King of France from 1314 until his death...
, who inherited the throne in utero and, once born, reigned for the five days of his life. Similarly, when Queen Victoria
Victoria of the United Kingdom
Victoria was the monarch of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death. From 1 May 1876, she used the additional title of Empress of India....
inherited the British throne, her accession proclamation specified that her inheritance was "...saving the rights of any issue of his late Majesty King William IV
William IV of the United Kingdom
William IV was King of the United Kingdom of Great Britain and Ireland and of Hanover from 26 June 1830 until his death...
, which may be born of his late Majesty's consort" Queen Adelaide
Adelaide of Saxe-Meiningen
Princess Adelaide of Saxe-Meiningen was the queen consort of the United Kingdom and of Hanover as spouse of William IV of the United Kingdom. Adelaide, the capital city of South Australia, is named after her.-Early life:Adelaide was born on 13 August 1792 at Meiningen, Thuringia, Germany...
, since any such unborn offspring would have had a prior claim to the throne and displaced Victoria as monarch.