РИМСКИЯТ МИРАЖ „ПРЕЗУМПЦИЯ ЗА БАЩИНСТВО“
Author(s): Valentin Braykov
ROMAN MIRAGE "PRESUMPTION OF PATERNITY"
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Canon Law / Church Law, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Summary/Abstract: The study researches Paulus's sentence in D.2.4.5.The author shares the objections that it is not a paternity presumption and accepts the view that it is a praesumptio voluntatis and an interpretation rule. The link between marriage and children's origin belongs to Plato in "The Republic"-380 BC, Book V, 416D- long before Paulus and the Digests. The suggestion for a paternity presumption comes from Hugo Grotius "The Law of War and Peace"-1625, book II, chapter VI, para VIII 1-3 but first Montesquieu mentions it as a law provision in Lettres Persanes-1721, Letter 86 and then Paris lawyer Mathieu Marais in volume III of his Memoires-1724.
- Issue Year: 2017
- Issue No: 1
- Page Range: 268-286
- Page Count: 19
- Language: Bulgarian