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The Study on the Civil Law Remedies for the Fetus’s Benefit Losing

Author: WangHui
Tutor: YuanMinShu
School: Anhui University
Course: Legal
Keywords: The protection of fetus’interests Special capacity Tort liability
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 70
Quote: 0
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Abstract


How to protect the fetus’s interests is always an ancient and realistic topic. Most countries all over the world hold a positive attitude towards protecting the fetus’s interests and have accumulated a wealth of experience since Roma law period. Fetus is a special and initial stage of human beings. A fetus will become a natural person as well as a member of whole society when he was born. This is also the reason why we should lay our stress on the protection of the fetus’s interests.In wake of the social development, the rate of fetus tort is increasing as well as the cases related to fetus tort, the varied reasons of tort lead to the complexity of cases related to the fetus tort. Different country holds different attitude to the judicial practice with regard to the protection of fetus’s interests. But in China, except the inheritance law, there is no provision on the protection of the fetus’ interests. So, there is an extremely urgent to formulate a special law to protect the fetus’ interests.This essay is to consist of twenty thousand words and can be divided into three parties beside the introduction and lead.The first part points out the legislative defects in protecting the fetus’s interests and the current chaotic situation dealing with such kind of cases in judicial practice by analyzing four typical cases.In order to achieve the maximum protection to the fetus’s interests in accordance with the civil reality, we should absorb the advanced theories and experience in judicial practice all over the world.The second part introduces the judicial practice in the protection of the fetus’s interests and analyzes the characters from the aspects of Continental law system and Anglo-American law system. The generic way adopted by Continental law system on protection of the fetus’s interests is trying a case in accordance with the provisions in legislation. Meanwhile, the Anglo-American law systems always follow the case law and analyze the relevant academic achievement related to the protection of the fetus’s interests. The third part of this essay envisages how to construct the protection system of the fetus’s interests and undertakes a discussion on how to perform and protect the fetus’s interests in judicial practice. The writer also proposes some practical suggestions so as to promote the protection of the fetus’s legislative interests.

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CLC: > Political, legal > Legal > Chinese law > China and France
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