Investigation of Juridical Principles of Article 852 of Civil Code

According to the civil code, Art 850 & 851, the devisee must be existed and born alive, and according to the Art 957 of civil code, an unborn child can enjoy the privilege of civil rights only in the case of being born alive. However, in art 852, it is stated, “If the unborn child become aborted in resulted of a crime, his/her inheritors will receive the testamentary unless the crime prohibits the heir”. It seems this article contradicts the before-mentioned articles. According to this article, the unborn child is identified as a devisee in a case he/she was aborted in a result of a crime and consequently was born dead. And so his/her inheritors will receive the testamentary. Despite of exceptional nature of this rule, and the existence of seemingly contradiction between Art 852 and the stated Art, some lawyers generalize the rule of this article to the heir and believe that if the unborn child was aborted in a result of crime and was born dead, he/she will heir as well. This article is going to specify the elements of this rule and investigate its capability to be generalizing to the heir rule.