Abstract

The Nasciturus principle originates from Roman law and is regarded as a distinctive legal fiction in civil law. Under this principle, where necessary to protect the lawful rights and interests of an unborn child, the child conceived but not yet born may be treated as if already born. This mechanism enables the protection of the interests of the unborn without altering the fundamental rule of civil law that an individual’s civil legal capacity arises only upon live birth. Drawing on an analysis of the theoretical foundations of the Nasciturus principle and a comparative examination of selected legal systems, this article proposes directions for improving Vietnam’s Civil Code by expanding the scope of protection afforded to the rights and interests of unborn children, particularly in legal relations involving gifts and compensation for damage.

Keywords: Civil Code; conditional legal capacity; inheritance; Nasciturus; unborn child.