General principles of nasciturus fiction

Answer 1

All Interests of the unborn child will be handled by the court until born alive 1

An unborn child is regarded as a legal subject if the relevant event happened after the moment of conception, is to the advantage of the unborn and the unborn is born alive in terms of the common law (Roman-Dutch Law).

Answer 2

"Nasciturus fiction" is the legal fiction that an unborn child is considered as already born for the purpose of inheriting property. The principle supports the rights of unborn children to inherit under certain conditions, such as being born alive and capable of surviving. It is commonly applied in inheritance law and succession planning.

Answer 3

The Nasciturus Fiction is a legal fiction. It has to do with courts of law. It basically states that if an unborn child suffers damage then after that child suffers damage and still has that damage, then the person inflicting that damage is responsible for that damage. Thus, say a man has two children and a pregnant wife and is injured. Then when the baby is born, the nasciturus fiction changes the court decision to make the company that injured the father responsible for supporting 3 children. If someone hits the wife, If the baby is born with an injury, then the person damaging the unborn child is just as responsible as he would be for injuring a child already born.

Answer 4

Pinchin v Santam insurance co. RAF v Mtati Supreme Court of Appeal South Africa