Nasciturus (Germany)
In German law, the child who has already been conceived but is still unborn is referred to as a nasciturus ( Latin for 'who will be born') . That is why a human embryo is already called a nasciturus after implantation in the uterine lining . Before nidation , it is called the nondum conceptus .
In German law, the Nasciturus (according to the case law of the Federal Constitutional Court and prevailing opinion ) is a bearer of human dignity i. S. d. Article 1, paragraph 1 of the Basic Law , as well as the bearer of fundamental rights , such as the right to life formulated in Article 2, paragraph 2 of the Basic Law . He is protected under criminal law by § 218 ff. StGB ( termination of pregnancy ), but not by § 212 StGB ( manslaughter ). In civil law , the nasciturus is according to the definition of § 1 BGB not legally competent, but is protected by special civil law provisions. For example, the Nasciturus can be the heir if he was already conceived at the time of the inheritance ( Section 1923 (2) BGB). According to this provision, a child who is not yet born at the time of inheritance but has already been created can be an inheritance if it is born alive after the inheritance and thus becomes legally competent. The child is legally treated as if it were born before the inheritance ( legal fiction ). In addition, the Nasciturus enjoys tort law protection against pre-natal damage through § 823 ff. BGB . There is a special case when an unborn child is harmed in an accident at work (the mother): After the birth, it receives all medical benefits and compensation from the statutory accident insurance as if it had itself been insured at the time of the accident ( Section 12 SGB VII ).
In summary, it can be said that the Nasciturus is equated to the one who has already been born to the extent that it works to his advantage (“ Nasciturus pro iam nato habetur, quotiens de commodis eius agitur ”).
A legal representative , the fruit keeper ( § 1912 BGB), can be appointed to the Nasciturus by the family court. The task of the fruit keeper is z. B. the assertion of the above-mentioned inheritance claims, but also the consent to the prenatal acknowledgment of paternity , naming and custody declaration . The body fruit care ends with the birth of the child.
