III. JURISPRUDENŢĂ COMENTATĂ ŞI ADNOTATĂ 1. Reproducerea umană asistată medical. Exprimarea consimţământului. Regimul filiaţiei şi posibilitatea contestării acesteia. Admisibilitatea acţiunii în tăgada paternităţii
III. COMMENTED AND ANNOTATED CASE-LAW 1. Medically assisted human reproduction. Expression of consent. The regime of filiation and the possibility to challenge it. Admissibility of the action to contest paternity

Summary/Abstract: The doctrine of inadmissibility is not specifically enshrined in law; rather, civil and civil procedure laws provide for situations in which a particular legal action is inadmissible. In legal doctrine, the sanction of inadmissibility is the consequence of failing to comply with a prohibition set forth in a statute against bringing a particular legal action before the court. The lack of specific regulations governing inadmissibility results in differing interpretations, both in theory and in court practice. The case summarized here presents the rulings on the admissibility of an action to contest paternity, based on the provisions of Article 443 of the Civil Code. In addition to the discussions that the admissibility of such a claim may generate, the field in which the exception of inadmissibility was invoked in this case is a relatively new one, as regulations regarding medically assisted human reproduction procedures have emerged due to advances in medicine and the use of these new techniques. Upon reviewing national case law, no established judicial practice has been identified in similar cases.

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