Abstract

A Problem of Interpretation of a status of a Child in a Woman’s Womb (nasciturus)

Summary

The author in his research often encountered citations of little parts of
the sources, taken out of context, as a confirmation of the prior adopted
thesis. This also happened with respect to a text regarding an unborn
child, described by Ulpian as mulieris portio vel viscerum (D. 25,4,1,1).
According to some researchers this description is to indicate that a child,
as a part of a woman’s body, does not have a separate legal status. The
author shows that from the context of the quoted text and many other
sources (e. g. Cic. pro Cluent. 31; Gaius - G. 1,89 i 1,147; Iulianus -
D. 2,1,5,25; D. 38, 16,6; Marcianus - D. 1,5,5,3 i Paulus - D. 1,5,7) it
transpires that a lot of attention was given to an unborn child and
a protection of his rights, which proves that he was treated as a separate
and independent subject of law.