nasciturus rule

English

Etymology

From Roman law (Digest 1.5.7): "nasciturus pro iam nato habetur quotiens de commodo eius agitur".

Proper noun

the nasciturus rule

1. (law) The rule stating that an unborn child, if subsequently born alive, is considered as already in existence whenever it is to its own advantage.
   • ROAD ACCIDENT FUND v MTATI 2005 (6) SA 215 (SCA)

     The right of a child to sue for prenatal injuries is recognised in law, but the more difficult question is whether such an action should be allowed by using the nasciturus rule or by using the ordinary principles of the law of delict. The contention that the recognition of an action for prenatal injuries is logically impossible without the conferment of legal rights, and hence legal personality, upon the unborn child, as achieved by the nasciturus rule, is to be rejected.