CAESARIAN OPERATION
(bouvier) | CAESARIAN OPERATION, med. juris. An incision made through the parietes of
the abdomen and uterus to extract the foetus. It is said that Julius Caesar
was born in this manner. When the child is cut out after the death of the
mother, his coming into being in this way confers on other persons none of
the rights to which they would have been entitled if he had been born, in
the usual course of nature, during her life. For example, his father would
not be tenant by the curtesy; for to create that title, it ought to begin by
the birth of issue alive, and be consummated by the death of the wife. 8 Co.
Rep. 35; 2 Bl. Com. 128 Co. Litt. 29 b.; 1 Beck's Med. Jur. 264 Coop. Med.
Jur. 7; 1 Fodere, Med. Leg. Sec. 334. The rule of the civil law on this
subject will be found in Dig. lib. 50, t. 16, 1. 132 et 141; lib. 5, t. 2,
1. 6; lib. 28, t. 2, 1. 12.
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