CHAPTER 2: THE EMBRYO IN THE LEGISLATION RELATING TO IVG

Abstract

First, French law collected a rule, forged by Roman law, according to which the conceived child must be considered as born and treated as such if the interest demands it: infans conceptus pro jam nato habetur, quoties de com-modis ejus agitur. The rule makes it possible to count, by anticipation, the child who was simply conceived among the legally existing beings, in order to grant him rights, as if he had already been born. For such is in principle the vocation of this child: to be born. "Homo est qui futurus est" said Tertullian. Aristotle spoke of "power" to name this state.