论文部分内容阅读
因“不当出生”(wrongful birth),父母需要为有缺陷的婴孩支付高昂的医疗费用、看护费用及以后小孩特殊的费用,且小孩的父母的身心受到极大的打击;如果父母不能因此得到一定的赔偿是不符合法理,现在世界各国普遍承认该诉讼。在我国可以依照合同法或者侵权法来处理这类诉讼。在“不当出生”的情况下,父母一生中都得面对子女天生存在缺陷而遭受不幸生活的现实,承认父母的请求赔偿权是各国的通说。
Because of “wrongful birth”, parents need to pay high medical costs, care costs and special expenses for later children for the defective baby, and their parents’ body and mind are greatly affected; if parents can not therefore Get some compensation is not in conformity with the law, and now the world recognized the lawsuit. In our country, we can handle such litigation in accordance with the law of contract or tort law. In the case of “improper birth ”, parents have to face the reality of their children’s innate defects and suffer unfortunate lives in their lives. It is the common understanding of all countries to recognize the claim rights of parents.