The Legal Capacity of Natural Persons

The Legal English Series welcomes you once again! Today, we’ll delve into the legal capacity of natural persons!

📝 Legal capacity 

- The ability to enjoy rights and assume obligations.

- Relevant laws and regulations：
§ 6 The legal capacity of a person commences from the moment of live birth and terminates at death.

👶 ‘Birth’ in Civil Code

In real life, grasping the concept of ‘birth’ isn't particularly challenging, but its legal definition is far from the simple notion we might imagine. The legal complexity lies in determining at which precise stage an individual can be considered ‘born’ in civil law, thereby acquiring legal capacity. 

Early legal theories presented various perspectives, with some suggesting that birth occurs ‘when the mother's uterus begins to attempt delivery, causing labor pains,’ while others argue it happens ‘when a portion of the fetus's body emerges from the mother's body.’ However, both prevailing mainstream theory and Judicial practice and interpretation now hold that true ‘birth’ in civil law occurs when ‘the fetus can independently breathe using its own lungs after being delivered from the mother's body.’ Only then does it acquire legal capacity as a natural person.

👻 ‘Death’ in Civil Code

Similar to birth, the definition of "death" and the subsequent loss of legal capacity for a natural person are major legal controversies. Currently, our country generally uses cardiopulmonary function as the criteria for determining death, meaning that ‘cessation of heartbeat and loss of cardiopulmonary function’ are considered ‘death’ under civil law. 

However, with the advancement of medical technology and the maturation of organ transplantation techniques, the Taiwan doctrine has gradually evolved to recognize ‘brain death’ as the standard for determining death when organ retrieval from the body is necessary for transplantation.

By delving into the legal definitions of birth and death, we gain insights into how law intersects with fields such as medicine and ethics. This prompts further reflection: as medical technology advances, how should the law adapt to emerging issues and challenges? We welcome your thoughts and comments below!