Explanation of Article 3
The article addresses one of the provisions concerning natural persons, specifically its beginning and end. The first paragraph clarifies that for a human's personality to be realized, two conditions must be met:
- The first condition: The birth must be completed, which is achieved by the complete separation from the mother.
- The second condition: Life must be realized at the time of birth, even if the person dies shortly thereafter. However, if the birth is completed but the fetus is stillborn, the personality does not begin.
Personality is established for a human regardless of the rights acquired or obligations undertaken, as it is established for the insane and the minor who lacks discernment despite their lack of will. The paragraph also states that a person's personality ends with death, which can be either actual or presumed if a judicial ruling is issued.
The default for proving birth and death is through what is recorded in the official registers prepared for that purpose. If this evidence is absent or the recorded information is found to be incorrect, proof may be established by any of the legally prescribed methods.
The second paragraph clarifies that the rights of the fetus—those existing before birth—are determined by the specific regulations, particularly the Personal Status Law. The article refers to rights because the capacity for obligation exists before birth, such as a bequest to the fetus, inheritance from a deceased relative, and entitlement to a share of the endowment's yield. The acquisition of rights is limited to those that can be established without the need for acceptance, such as a gift, which is not valid for the fetus.
Restricting the fetus to being in utero excludes cases where the fetus dies in the womb, is stillborn, or is born alive but with an unstable life; in such cases, no rights are established according to the Personal Status Law.
Proving that the newborn was alive is a material fact that can be proven by all legally prescribed methods, including medical decisions, and it is not required for the newborn to be registered in the birth records.
Related To
Article 3
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The legal personality of a human being shall commence from the time he is born alive and shall end upon his death.
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The rights of an unborn child shall be determined by legal provisions.