Maxim 3.1.13
Not to be born and to be born dead are the same thing.
Non nasci et natum mori pari sunt.
Source: Dig. 50, 17, 129; Bouvier, Max.
Difficulty 2/5 — Approachable
Explanation
A stillborn child acquires no legal personality and transmits no rights — the law recognizes no status where life never began.
Where this applies
- A child is stillborn and the question is whether it acquired any legal rights.
- An inheritance depends on whether a child was born alive or dead.
Legal domains
See also
Cite this maxim
NeCede Max. 3.1.13 — Not to be born and to be born dead are the same thing. — Dig. 50, 17, 129; Bouvier, Max. (Non nasci et natum mori pari sunt.)
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