Nondum conceptus
Nondum conceptus ( Latin for 'not yet received') in jurisprudence denotes the embryo before nidation and, in a broader sense, its protective status. As received (lat. Conceptus ) and generates so in the legal sense of the true embryo not already with the fusion of egg and sperm , but only with the implantation in the uterine lining . From this point in time until birth, the embryo is called a nasciturus . From a scientific point of view, the term Nondum conceptus includes both virtual processes, i.e. cases of non-existent germ lines (no germ cells fused), as well as zygotes and embryosthat are located outside the mother's body but are basically viable. It is irrelevant whether they came about through conventional or manipulative fertilization (e.g. in vitro ).
Civil protection of the Nondum conceptus
The protection of a nondum conceptus is an anticipatory legal protection that comes into play when the child is born, but which takes effect before the birth. A nondum conceptus has partial legal capacity and can bear rights. He is protected against unauthorized acts under civil law.
- Example: syphilitic blood is transmitted to a woman . Soon after, the woman becomes pregnant and the child is born with syphilis . It has claims for compensation against the treating doctor who was responsible for the infusion.
Furthermore, the Nondum conceptus can be authorized through legal transactions of third parties through a contract in favor of third parties or a contract with protective effect in favor of third parties ; it is partially hereditary and can be used as a subsequent heir or benefited from a legacy ( Section 2101 , Section 2106 Paragraph 2, Section 2109 Paragraph 1 or § 2162 , § 2178 BGB ). A mortgage can also be ordered and registered in his favor . Such rights are conditional on its birth: If the child is not (at least temporarily) born alive, all these rights are deemed to have never arisen.
According to the current legal situation, a Nondum conceptus is not protected by the statutory accident insurance.
No protection under criminal law
The Nondum conceptus is not protected under criminal law . Sections 218 ff. StGB only apply from the nidation, i.e. only for the nasciturus; see. Section 218 (1) sentence 2 StGB.
