ضرر الولادة المنبوذة اللاحق بالمولود : دراسة مقارنة

Abstract EN

Recent developments in biological research with its advanced technologies have been trying to find out solutions to health difficulties that were tough to pin down in the recent past.

Also, the impact of cultural development on family perception and its innate passion for a healthy future especially in developed societies were factors that led to a change in the reproductive path giving a value to the act of birth.

Such factors have influenced the Civil Law leading, hence, to a new controversy related to the extent to which civil liability can cope with these new conflicting phenomena.

Among these is the question of whether the act of birth in itself is harmful to the newborn or not.

Or could it be considered as a source of a current and future damage when coupled with an exceptional condition making the child perceived as a victim or oppressed.

The answer to this question required the reliance on a comparative jurisprudential and judicial effort despite differences in these two approaches.

A combination of the latter has brought to light the difficulty of reconciling the social dimension of civic responsibility with its ethical and moral dimension.

Such efforts are conducted under the light of legislative contributions that give a high value to the prospective child.

This view tries to protect the child's material and moral interests and even his right to life as a human being even though he has not yet acquired a legal personality.