$BTC The beginning of the capacity to use is marked by the moment of the person's birth. This is the rule stated by Article 35, paragraph 1 of the Civil Code. Until birth, the child does not have a distinct individuality, but is merely part of the biological system of the mother (pars viscerum matris). The embryo or fetus — the distinction being made depending on the stage of development of the unborn child — does not have an autonomous existence, is not a complete human being, and, as a result, does not have legal personality.

The date of birth is provided in the birth certificate, which includes a special section for this purpose and which generally constitutes the means of proof of this fact generating civil status.

From this rule, there is an exception established by Article 36, paragraph 1 of the Civil Code, according to which the rights of the child are recognized from conception, but only if he is born alive. For establishing the moment of conception — that is, of