Here's why it might be used:
1. To Protect Fetal Interests:
* Inheritance: If a pregnant woman dies, the fetus could inherit property.
* Wrongful Death: If a pregnant woman is killed due to negligence, the fetus could be considered a "person" for purposes of wrongful death claims.
* Prenatal Injuries: A fetus injured in utero may have a claim for damages even though it wasn't yet born.
2. To Acknowledge the Potential Life:
* Nasciturus fiction acknowledges that a fetus is a developing human being with the potential to become a person.
* This can be seen as a moral and ethical justification for protecting its interests.
3. To Avoid Legal Loopholes:
* Without this legal fiction, there could be gaps in the law that leave fetuses without legal protection.
However, there are also arguments against using nasciturus fiction:
1. Ethical Concerns:
* Critics argue that it's unethical to grant legal rights to a fetus that may never be born.
* It can be seen as a form of "personhood" for the fetus, which can be controversial in the context of abortion rights.
2. Practical Considerations:
* It's difficult to determine the legal status of a fetus without clear medical criteria.
* The concept of "personhood" can be subjective and open to interpretation.
3. Potential for Abuse:
* Some fear that nasciturus fiction could be used to limit a woman's reproductive rights or control her body.
Overall, the use of nasciturus fiction is a complex issue with strong arguments on both sides. It's important to understand the different perspectives and potential implications of this legal fiction.
It's also crucial to note that the use of nasciturus fiction varies greatly across different jurisdictions. Some countries and legal systems have adopted it while others have rejected it.