Unborn baby's legal rights

Описание: Hello.
I am Hitoshi.
Thank you for always coming to my channel, my page.

Today’s topic is about unborn baby's legal rights.

In principle, Japanese civil code is for Japanese nationals, so I am not sure this topic is useful for you.
However, for example, if you marry a Japanese person and have an expecting baby now, this might be applicable to you.

So, let's check it out.

Civil code says this.
Article 3(1) The enjoyment of private rights commences at birth.

This means, you will be eligible to have legal right when you are born.
Legal right means, you can be the person with rights or debts.

Then, does the fetus have the legal rights?

Let's think about it in this case.

B's car hit Mr. A to death accidentally.
Mr. A’s wife has an unborn baby D who is expecting to be.

①Can unborn baby D claim to B to pay for compensation?
②Can unborn baby D inherit Mr. A (father)?

As for these, there are articles in civil code.

(Fetus' Capacity to Hold Rights Regarding Claim for Compensation for Loss or Damage)

Article 721：
An unborn child is deemed to have been already born with respect to the claim for compensation for loss or damage.

Article 886(1)：
In regard to inheritance, an unborn child shall be deemed to have already been born.

Let‘ｓ get back to the question.

①Can unborn baby D claim to B to pay for compensation?

Under the article 721, D can claim to B to pay for compensation.

②Can unborn baby D inherit Mr. A (father)?
Under the article 886(1), D can inherit Mr. A.

That’s all for today.
Thank you for watching.