The Civil Procedural Capacity of an Unborn Child (Fetus): The Theoretical and Practical Aspects

This article discusses the possibility of an unborn child-fetus to be a subject of civil procedural legal relations and the possibility of this subject to have civil procedural legal capacity. Based on the analysis of legal relations arising in the field of fetal medicine, it is concluded that it is necessary to create conditions for timely, full-fledged and effective judicial protection, guaranteed by the Constitution of the Russian Federation, for such a subject as an unborn child — fetus, on an equal basis with other subjects.

Authors

Publication Details

Journal
Russian judge
Published
2024-11-07
DOI
https://doi.org/10.18572/1812-3791-2024-12-57-61
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
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article

The Civil Procedural Capacity of an Unborn Child (Fetus): The Theoretical and Practical Aspects

Natalya N. Tkacheva
Russian judge
Digital Transformation in Law
article

The Civil Procedural Capacity of an Unborn Child (Fetus): The Theoretical and Practical Aspects

Natalya N. Tkacheva
article en

Abstract

This article discusses the possibility of an unborn child-fetus to be a subject of civil procedural legal relations and the possibility of this subject to have civil procedural legal capacity. Based on the analysis of legal relations arising in the field of fetal medicine, it is concluded that it is necessary to create conditions for timely, full-fledged and effective judicial protection, guaranteed by the Constitution of the Russian Federation, for such a subject as an unborn child — fetus, on an equal basis with other subjects.

Russian judge
Openalex Percentile: Top 48%
Digital Transformation in Law
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The Civil Procedural Capacity of an Unborn Child (Fetus): The Theoretical and Practical Aspects — Natalya N. Tkacheva · Russian judge (2024) | TGRS Research Map | TGRS