Right/Law as a scientific category, it is rooted in smoke and mirrors, or rather on shaky legs. These are all obsessions and illusions, fatamorgans. Therefore, an experienced lawyer will never guarantee you no matter how hard a case is that they will get it, because they themselves know that law is not as exact as mathematics or some other scientific discipline. Winning a Case in Justice is a game that goes beyond legal postulates and procedures.
However, people are afraid of entering this system because it deals with some, let’s call it, delicate stories that are incomprehensible to people, so lawyers can easily tangle them with their exotic legal expressions.
In the legal system, it is often very difficult to prove some things, because everyone interprets them as he wants, and the opinion of a lawyer or judge is of the highest category and binding. Thus, in this framework, the fracture digs into whether or not a man is a natural person, that is, whether he automatically becomes a natural person by birth or requires some intervention to become one.
For research purposes, I can offer you one definition:
Natural person (naturliche Person, naturperson), a name for the life of man as a subject of law. The names natural and natural person are also used.
Legal capacity, that is, the ability to be the holder of rights and obligations, is not human innately, but is a social characteristic that legal order may or may not recognize to every human being. For example, in a slave-owning society, slaves, from a legal point of view, were not subjects but objects of law. You become natural person with born. This doesn’t means that as soon as the child is born, he or she becomes legally competent. It is enough for the child to show signs of life and not necessarily be able to live. In our law, the presumption is that the child was born alive. Sometimes there is a need to preserve some rights to the unborn baby (nasciturus), and then we use the fiction “the one who will be born is assumed to have been allready born”.
The idea that a child has a legal capacity as soon as she is born is rudiculous and at the very least cheeky and manipulative. The very idea of a natural person is also grotesquely because there are no persons in nature, especially not those with a legal personality. This is just one magic trick that imposes law as a discipline on the whole world and lawyers as supreme interpreters of life and death.
However, a few months ago a bizarre case of a man who was alleged to have disappeared and was pronounced dead in Romania occurred. (HERE). It is very important in the system to declare someone dead, then the state or its heirs can put a paw on his property. This method is completely legal. And while it is a crime in natural law, it is legal in this system.
The “legal dead” in question appeared alive in court and demanded that he be declared alive and returned to his property, papers and legal personality. The court denied that. This man, though alive in the system, is still considered dead, which is proof that the living man and the natural person are not one and the same.
This case is proof that being alive does not mean that you have legal personality as the above definition says. Therefore, a natural person definitely does not become born. This is extremely good to know because birth has no remedy other than death, since you cannot have non-birth. Birth is not a legal business, nor is it in the legal sphere unless it is performed in a commercial area (maternity ward). But even then, it is not a valid legal job because those who came to the maternity ward are not aware of all the legal implications of their act, making this legal nullity. On the other hand, registration in civil registers is a key part in which a person lives to become an individual and obtain legal personality. This entry / contract can always be canceled. How, is another topic, but certainly every legal action must have a remedy.
Interestingly, there is a direct contradiction or oxymoron in the definition above. Although it says that a legal personality is not natural to a man, that is, it is not natural, they still call such a person a natural or natural person. In addition to not being born, she still gets born?!? What an idiocy.
The one who gives you something can take it away, but if you don’t take it, no one can take it away from you. Therefore, a legal personality may or may not be granted only to those seeking it / applying for it. As for everyone else who doesn’t give a shit for their legal personality, legal order can blow them.
If there are still lawyers or judges who claim that you cannot be a person, explain to them through this story that they have no idea.