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The Law of Persons
Chapter I
Birth, Sex, Legitimacy
Section 1.—Birth
Birth Legal capacity begins with the completion of birth,[1] subject however to the qualification that a child in the womb is deemed already born whenever such a fiction is for its advantage. Thus an unborn child may inherit ab intestato[2]
Section 2.—Sex
Sex. Sex, as such, is not a factor of importance in the sphere of private law. There is a difference, however, in the age of puberty, which for males is fixed at fourteen years, for females at twelve.[3] Further, there is a special rule of law by which a woman cannot bind herself as surety unless she expressly renounces the benefits which the law allows her.[4]
Section 3.—Legitimacy
Legitimacy.
By the law of all civilized countries a distinction is made between legitimate and illegitimate issue. Legitimate children are those born from parents united in wedlock.[5] In the case of issue born from the beginning of the seventh[6] month after marriage to the beginning of the eleventh month[7] after its termination by death- ↑ German Civil Code, sec. I; Ontwerp van het Burgerlijk Wetboek, Art. 76.
- ↑ Dig., 1. 5. 7 and 26; Gr. 1. 3. 4; Voet, 1. 5. 5; V. d. K. Th. 45.
- ↑ Inst. 1, 22. pr.; Van Leeuwen, 1. 6. 1; Voet, 4. 4. 1.
- ↑ Senatus-Consultum Velleianum; Authentica si qua mulier. 3 Maasdorp, p. 347; infra, p. 264. Abrogated in Brit. Gui. by Ord. No. 12 of 1904, sec. 25.
- ↑ Gr. 1. 12. 2; V. d. K. Th. 169.
- ↑ Gr. 1. 12. 3; Voet, 1. 6. 4. Van Leeuwen (1. 7. 2) says: ‘We consider as legitimate those persons who are born during the seventh month, or even on the hundred and eighty-second day after the consummation of the marriage.’
- ↑ V. d. K. Th. 170: Post solutum matrimonium intra decimum mensem id est 300um diem partum editum esse oportet ut regulariter pro legitimo possit haberi. The period has even been extended to the
