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Семейно право – въпроси, разсъждения, практика
Family Law – Questions, Thoughts, Practice

Author(s): Tsanka Tsankova
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: family; family law; child; filiation; presumption of paternity; rebut of the presumption; interpretative decision

Summary/Abstract: In the context of the traditional and modern concept of the family, the article discusses the family law institute of filiation. The attempts to enlarge the scope of legitimate persons able to contest the recognition of the child are critically examined. The disapproval of the Interpretative decision of the Supreme Court of Cassation of 2014, which rejects the right of the child to rebut the presumption of paternity is a centre of the article. Arguments from the international conventions, to which Bulgaria is a state party, from the Constitution as well as from the classical academic writings are submitted.

  • Issue Year: LVIII/2017
  • Issue No: 4
  • Page Range: 38-55
  • Page Count: 18
  • Language: Bulgarian