Maxim 3.1.14
He who is in the womb is regarded as already born whenever his benefit is in question.
Qui in utero est pro jam nato habetur quoties de ejus commodo quaeritur.
Source: Dig. 1, 5, 7; Co. Litt. 36; Bouvier, Max.
Difficulty 2/5 — Approachable
Explanation
The unborn child is treated as a living person for purposes of inheritance, guardianship, and any other matter where recognizing his existence serves his interest.
Where this applies
- An unborn child's interests are at stake in a property dispute.
- A will leaves property to a child who has not yet been born.
Legal domains
See also
Cite this maxim
NeCede Max. 3.1.14 — He who is in the womb is regarded as already born whenever his benefit is in question. — Dig. 1, 5, 7; Co. Litt. 36; Bouvier, Max. (Qui in utero est pro jam nato habetur quoties de ejus commodo quaeritur.)
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