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- Title
BREVES CONSIDERAÇÕES A RESPEITO DAS TEORIAS RELATIVAS AO RECONHECIMENTO DA PERSONALIDADE JURÍDICA E SUA APLICABILIDADE À PROTEÇÃO DO SER HUMANO EM GESTAÇÃO.
- Authors
SILVEIRA DO AMARAL RODRIGUES, LIZ HELENA
- Abstract
Be recognized as a person is a condition that allows the individual to be protected by the law. It is argued, based on the categories of person, personality, and capacity, the possibility of inclusion in the list of protected individuals, the human being in the process of gestation. After analysis of the private law theories about the theme -- natalist, conceptionist and conditional personality -- and, with the help of the deductive method and literary research, have laid the foundations for the answer of the proposed question, namely, the coincidence of the start of the legal protection as the same as the physical existence of the individual, here understood as the moment of conception. We conclude that the choice of a different moment would become the beginning of the legal protection of the human being an arbitrary event and would make possible the division between human beings personal and non-personal.
- Subjects
CIVIL law; AGENT (Philosophy); PERSONALITY (Law); JURISPRUDENCE; HUMAN beings
- Publication
Lex Humana, 2013, Vol 5, Issue 1, p119
- ISSN
2175-0947
- Publication type
Article