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ON THE PRESUMPTION OF PATERNITY AND THE NEGATION OF PATERNITY

Authors: Ciprian Raul ROMIȚAN;

ON THE PRESUMPTION OF PATERNITY AND THE NEGATION OF PATERNITY

Abstract

Paternity is the legal link between the father and the child and results from the fact that a man has conceived the child. Paternity may be either from marriage or from outside marriage. The filiation toward the father in marriage is determined by the effect of the presumption of paternity according to the law, and the paternity filiation toward the father outside the marriage is established, either by the recognition of the father or by the court. In the case of medically assisted human reproduction with a third-party donor, the filiation toward the father shall be based on the consent of the mother’s spouse or concubine to be considered the child’s father. In the case of the child in marriage, the presumption of paternity is the only way of establishing the filiation toward the father and operates ope legis. If the mother’s husband is impossible to be the father of the child, the paternity can be negated, but only by court.

Keywords

paternity negation, mother’s husband, Social sciences (General), H1-99, filiation, legal time of the child’s conception, paternity, paternity presumption

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold