A conceived child may be considered born

Albano explains that personality is determined by birth. Without birth, there is no human being; there is no natural person fit to be the subject of legal relations. Nevertheless, a conceived child may be considered born for purposes favorable to it. For example:

1. Donations made to conceived and unborn children may be accepted by those who would legally represent them if they are already born. (Art. 742, Civil Code); and

2. Every donation inter vivos, made by a person having no children or descendants, legitimate or legitimated by a subsequent marriage, or illegitimate, may be revoked or reduced as provided in the next article, by the happening of any of these events:
  • If the donor, after the donation, should have legitimate or legitimated or illegitimate children, even though they be posthumous. xxx. (Art. 760, New Civil Code).
  • The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious. (Art. 854, New Civil Code).

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