The Financial Rights of the Fetus in Iraqi and Iranian Law

Abstract

This research addresses the issue of the financial rights of the fetus within the framework of Iraqi and Iranian law, by analyzing legal texts and interpreting judicial applications related to personal status—especially those concerning the fetus's rights in inheritance, wills, maintenance, endowments, and gifts. These rights are considered legally distinctive, as they pertain to a being that has not yet acquired full legal personality. Nevertheless, statutory laws acknowledge conditional financial rights for the fetus, contingent upon the occurrence of a live birth,The problem of the research arises from the lack of unified legal terminology concerning fetal financial rights, the insufficiency of detailed provisions, and the differences in judicial interpretation between Iraq and Iran, despite legislative overlaps in both systems. The research aims to examine the extent of recognition given to fetal financial rights in national legislations, clarify the legal conditions required for acquiring such rights, and highlight legislative gaps that affect their protection,The study adopts a comparative analytical approach, by reviewing and analyzing relevant legal provisions in the amended Iraqi Personal Status Law No. 188 of 1959, the Iraqi Civil Code, as well as the Iranian Civil Code and Family Protection Law, comparing them with judicial practices in both countries,The research concludes that the Iranian legal system is more explicit in organizing the financial rights of the fetus through clear legislative provisions, unlike the Iraqi system, which often relies on judicial interpretation without detailed legal texts. It also shows that such rights are typically considered suspended rights, conditional on a live birth, with shares in inheritance, wills, or maintenance being held until the legal status of the fetus is confirmed,The scientific contribution of this research lies in offering a modern comparative analysis that bridges the theoretical foundations of the law with its practical applications, while proposing legislative amendments aimed at filling gaps and strengthening the protection of fetal financial rights within both legal systems.