5. Acțiune în tăgada paternității. Acțiune în stabilirea paternității. Prescripția dreptului la acțiune, la confluența normelor dreptului național și a reglementărilor Convenției europene a drepturilor omului
5. Action for denial of paternity. Action for establishment of paternity. Limitation of the right to action at the confluence of rules of national law and regulations of the European Convention on Human Rights

Summary/Abstract: In a recent decision of the Constanta Court of Law, the court of appeal rejected, in a tour de force, the exception for the limitation of the right to the action for denial of paternity, the exception for the limitation of the right to action for the establishment of paternity and delivered a judgment based exclusively on the ECHR rules by removing, in reasoned manner, all provisions of domestic law applicable in the field. This approach aims to analyze, for reasons of space, but also for technical reasons, only the limitation of the rights to bring actions for denial of paternity and for the establishment of parentage against father, in terms of domestic law – the new civil Code – and ECHR judgments, without reference to the category of persons recognized as entitled to action, and also to argue how national courts can, in a particular matter and entirely, substitute domestic law with the Convention rules when such an operation is necessary to preserve the substance of the claimed right.

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