LAW OF PERSONS

If a situation arises where it would have been to the advantage of the nasciturus if he or she had already been born, the law protects his or her potential interests. This is done by the implementation of the fiction that the nasciturus is regarded as having been born at the time of his or her conception whenever his or her interests are at stake. If it appears on a specific case that, had the nasciturus already been born, he or she would have had certain claims or rights, the legal position is kept in abeyance until the nasciturus does in fact become a person, or until it becomes certain that no person has developed from the nasciturus. If the child is indeed born alive, he or she acquires that rights that have been kept in abeyance.