THE FATHERHOOD CLAIM OF PASSERS-BY – ART. 62, PARA. 5 OF THE FAMILY CODE Cover Image
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Искът за бащинство на минувачите – член 62, ал. 5 от Семейния кодекс
THE FATHERHOOD CLAIM OF PASSERS-BY – ART. 62, PARA. 5 OF THE FAMILY CODE

Author(s): Valentin Braykov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Издателство „Сиби“
Keywords: origin; father; presumption; European Court of Human Rights; European Convention on Human Rights; Austria; Plato; Paul; Montesquieu; value; oligarch

Summary/Abstract: The article criticizes the Family Code amendment promulgated in the State Gazette, issue 103 of 2020, according to which any third person is entitled to challenge a child’s fatherhood as well as to state that he is the child’s biological father. The author categorically rejects the allegation that the said novelty is suggested by the European Court of Human Rights (ECHR), and indicates solutions to the contrary rendered in Austria on the basis of the same acts of the ECHR. Consideration is given to the presumption of fatherhood in Europe, pointing out that this presumption is based on an idea of Plato’s. The novelty is compromised by the absence of academic expertise in its creation. The author comes to the conclusion that the new Art. 62, para. 5 FC is an embodiment of the crisis in the scale of values regulating these family relationships.

  • Issue Year: 2021
  • Issue No: 2
  • Page Range: 11-30
  • Page Count: 20
  • Language: Bulgarian