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Nasciturus pro iam nato habetur, quotiens de commodis eius agitur is aLatin legalmaxim that refers to alaw that grants or protects the right of afetus toinheritproperty. The maxim translates, "The unborn is deemed to have been born to the extent that his own benefits are concerned". "Nasciturus" literally translates to "one who is to be born" and refers to aconceived foetus: a living child who has not yet been born. Pursuant to the legal principle, the fetus is presumed to have been born for the purposes of inheritance. The principle was reified inRoman law and continues to be implemented today in mostEuropean nations, in theAmericas (where the fetus is sometimes legally considered to be a person), and inSouth Africa.
When considered a legal exception, it is thought to apply exclusively for the purposes of inheritance and that conditions must be satisfied for it to be valid, primarily that the fetus has to be born.
Notable cases of the application of the maxim include the following monarchs:
John I, the short-lived, posthumous son of KingLouis X, who inherited the throne ofFrancein utero and, upon birth, he reigned for the five days of his post-natal life in 1316.
In 1439, kingAlbert II of Germany died and next year his sonLadislaus the Posthumous succeeded him inBohemia andAustria. In 1444, he was proclaimed King inHungary andCroatia after the interim KingVladislaus I Jagiellon died at theBattle of Varna.Germany went to Albert's second cousin, who becameFrederick III, Holy Roman Emperor, due to itselective monarchy.
In 1650 and 1711,William II andJohn William Friso,Princes of Orange died before their sons and heirsWilliam III andWilliam IV were born.
WhenVictoria inherited the British throne in 1837, her proclamation of accession specified that she inherited it from her uncle "saving the rights of any issue of his late Majesty KingWilliam IV, which may be born of his late Majesty's consort,Queen Adelaide", because any such unborn progeny would have had a prior claim to the throne underprimogeniture. They would haveipso facto displaced her as British monarch at birth. (William IV had then recently died, hence there was still a very remote chance of Adelaide's being pregnant with his offspring at the time of Victoria's accession, but Adelaide did not in fact go on to carry any further pregnancies to term, so the anticipated possibility this caveat accounted for did not eventuate.)
In 1885, kingAlfonso XII of Spain died and was provisionally succeeded by his daughterMaría de las Mercedes, Princess of Asturias until hiswife's pregnancy turned out to be a boy, who becameAlfonso XIII of Spain upon birth.