Weekly Code: special protection of fetal interests

It is the first law named after “code” since the founding of new China. It is an important achievement of socialist legal construction in the new era. It is also a declaration on the protection of civil rights. It can be called “Encyclopedia of social life” and is inseparable from our life. < p > < p > if it involves the protection of fetal interests such as inheritance and acceptance of gifts, the fetus is deemed to have the capacity of civil rights. However, if the fetus is dead at the time of delivery, its capacity for civil rights does not exist from the beginning. However, the purpose of establishing the system of protecting the interests of the fetus in the civil code is not simply to protect the fetus itself, but to protect the natural person. Therefore, while paying attention to the capacity of civil rights of the fetus, we should also pay attention to the second half of the new regulation, that is, “if the fetus is dead at the time of birth, its capacity for civil rights does not exist from the beginning”, that is to say, “the capacity of natural person’s Rights begins from the beginning” “Birth” is the principle, but when it comes to the specific matters specified in this article, the fetus is regarded as having the capacity for civil rights, which is actually a legal fiction. Therefore, once the fetus is born to a dead body, it is deemed that its civil subject status does not exist from the beginning, and it is necessary to carry out property inheritance and distribution again, and return the gift or its subrogation. In terms of the protection of fetal interests, China’s civil code has broken through the limit that the capacity of natural person’s Rights begins at birth. It is the result of the continuous expansion of the types of civil rights and the way of realization of rights with the development and progress of social life. The establishment of this system embodies the humanitarianism spirit that civil code highly respects life. < p > < p > Jiang and Tang got married in September 2012. After marriage, the couple had a good relationship, and their joint property was reduced to 300000 yuan. Jiang died in an accident in 2014. At that time, Tang was more than 4 months pregnant. Jiang’s parents are still alive. After Jiang’s death, his parents said to Tang: since his son has passed away, Tang should go back to his mother’s home. Tang and his fetus have no right to inherit Jiang’s inheritance. So, how should Jiang’s heritage be divided? < / P > < p > A: the inheritance of Mr. Jiang should be inherited by his first successor, the fetus in his belly and his parents. There is no basis for Jiang’s parents’ idea. After many years of marriage, Xiao Zhang and Xiao Chen finally conceived a child. The elders of the family were very happy and immediately said that they would give a house to the unborn fetus. The elders want to give valuable property to the unborn fetus. Does the fetus have the right to accept it? < / P > < p > A: according to the provisions of Article 16 of the civil code, the fetus is deemed to have the capacity of civil rights when accepting the gift, so the fetus has the right to accept the house donated by the elders. You can play with mobile phones during pregnancy, but these four methods of “hurting your fetus” are not advisable. Be careful of the damage to Taibao