The Unborn Child and Legal Personhood in Venezuela

The Unborn Person

Although Venezuelan law welcomes the theory of vitality, it also considers the person to be born (nasciturus, literally: "to be born"), both when conceived (conceptus) and when yet to be conceived (concepturus, literally: "that is to be conceived").

Status of the Conceived Under Venezuelan Civil Law

In Venezuelan law, "The fetus is deemed to be born when it comes to its benefit, and to be reputed as a person, provided that it is born alive" (Civil Code, art. 17). In this regard:

1. A) "Fetus," within the meaning of the Civil Code, must be understood as any conceived human being, not yet born, regardless of the time elapsed since conception. Thus, the term "fetus" should not be understood in the medical sense, where the unborn child is only called a fetus from 8 weeks of ovulation or 10 weeks after the mother's last menstruation.
2. B) The meaning of the law, establishing that the fetus is deemed to be born when it comes to its benefit, is that it will be considered born when it favors it. The most typical case is the free acquisition of rights, for example, as a result of a gift or inheritance.

However, any improvement in status can be considered. For example, the fetus can be recognized by its natural father, which in itself does not imply a right to acquire, but gives it the advantage of being able to prove who its father is. The possibility of recognizing the fetus, identified by legal doctrine as a result of the discussed rule, was expressly recognized later by the now-repealed Article 3 of the Family Protection Act and then by the amended Civil Code (art. 223).

Moreover, the provision of Article 17 of the Civil Code means the fetus cannot be bound when it is unfavorable. However, it may be bound when it is necessary to acquire rights that are inseparable from such obligations, but where the benefits are superior to the obligations (e.g., the fetus can be bound as a result of a legacy where assets exceed liabilities).

1. C) Finally, the retroactive effectiveness of the fetus at birth is subject to it being born alive, regardless of whether it is viable or not. Otherwise, it is considered as if the fetus had not existed.

Legal Entity

A legal person (or juridical person) is an entity with rights and obligations that exists, not as a physical human individual, but as an institution created by one or more natural persons to fulfill a role. In other words, a corporation is any entity with the capacity to acquire rights and obligations that is not a natural person.

Natural Person

A Natural Person is a human person exercising rights and fulfilling obligations personally.

When starting a business as an individual, the person assumes all rights and obligations of the company personally.