Pozycja prawna nasciturusa przy dziedziczeniu ustawowym w sytuacji śmierci spadkodawcy przed uznaniem ojcostwa

Abstract

The aim of the article is to point out the difference in the legal position nasciturus coming from marriage in relation to nasciturus outside of marriage. Issues addressed in this study include the right to drop nasciturus conceivedoutside of marriage, right to identity and the protection of intangible assets in the event of the death of the father before the birth of the child. These issue are important given the in the growing number of informal long-term relationships, the partners are often not aware of the legal consequences of the lack of a formal definition of the basic unit of society which is the family. A need exists to pay attention to the fact that a child conceived in a non-marital relationship is a longterm undertaking and, in terms of rights and obligations, equal to those of an unborn child of a married couple. Differential treatment is to the detriment of the minor and in violation of his material goods and intangible assets.