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The Discussion on Civil Law Protection of Fetus’s Rights and Interests

Author: WangFeng
Tutor: SunXueZhi
School: Jilin University
Course: Civil and Commercial Law
Keywords: Fetal interests Capacity for rights Civil Protection of
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 350
Quote: 2
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Abstract


In recent years, in our country the fetus rights infringement cases happen repeatedly, and China's relevant fetal rights protection legislation, except in the inheritance law "in a slightly reflect outside, other areas is almost blank. The absence of the law in the trial of infringement caused by fetal rights cases tend to be the foetus related rights can not get effective protection, therefore, strengthening our country civil law protection of the fetus rights theory research is particularly important and urgent. This article through to foreign fetal rights protection legislation situation of the comparative study and to the right ability, the tort liability law and said the three theories of comparative analysis, put forward special rights ability can be said as the protection of the rights of the fetus theory foundation, and that the right belongs to go against the river and enjoy. At the same time the fetus should enjoy the rights and interests of the fetus protection and the involved in some special problems are discussed thoroughly, and combined with actual situation in China, in view of our country at present the fetal rights protection system of the legislative defects, this article puts forward the specific legislative proposals.

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