Prezumţia legală de paternitate, quo vadis?
Legal presumption of paternity, quo vadis
Author(s): Cristina NicolescuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: presumption of paternity; best interest of the child; paternity conflict; denial of paternity; favor filiationis;
Summary/Abstract: Undoubtedly, the presumption of paternity constituted one of the fundamental pillars of the legal provisions concerning parentage. Sometimes, the mystification of biological reality is used, in order to preserve the stability of legal and family relationships, these legal or voluntary mystifications being able to constitute an obstacle to the exercise of the childʼs right to identity, right to respect for his or her private and family life, right to move and reside freely. The aim of this study is to determine whether the exclusively judicial way of removing the presumption of paternity, regulated in the Romanian legal system, is not somehow obsolete, being tributary to an old sociological and legislative model that is no longer connected to the demands and accentuated dynamics that characterize contemporary family realities.
Journal: Revista de dreptul familiei
- Issue Year: 2023
- Issue No: 02
- Page Range: 215-233
- Page Count: 19
- Language: Romanian
- Content File-PDF
