nasciturus rule

proper noun

The rule stating that an unborn child, if subsequently born alive, is considered as already in existence whenever it is to its own advantage.

Meanings

proper nounthe nasciturus rule
  1. lawThe rule stating that an unborn child, if subsequently born alive, is considered as already in existence whenever it is to its own advantage.
    1 more example

    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.

    ROAD ACCIDENT FUND v MTATI 2005 (6) SA 215 (SCA)

Origin

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

Full word history & related roots →
Cite this entry
APA

nasciturus rule. (n.d.). In WatkinsX Dictionary. Retrieved November 4, 2026, from https://dictionary.watkinsx.com/word/nasciturus%20rule

MLA

“nasciturus rule.” WatkinsX Dictionary, https://dictionary.watkinsx.com/word/nasciturus%20rule. Accessed November 4, 2026.

Chicago

WatkinsX Dictionary, s.v. “nasciturus rule,” accessed November 4, 2026, https://dictionary.watkinsx.com/word/nasciturus%20rule.

Source: nasciturus rule on Wiktionary, CC BY-SA 4.0.