ON THE PRESUMPTION OF PATERNITY AND THE NEGATION OF PATERNITY
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...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2021-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_014.pdf |
| _version_ | 1826908483582164992 |
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| author | Ciprian Raul ROMIȚAN |
| author_facet | Ciprian Raul ROMIȚAN |
| author_sort | Ciprian Raul ROMIȚAN |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-12-14T05:41:12Z |
| format | Article |
| id | doaj.art-50a6f7cd204c43279dbf1b8280d57bde |
| institution | Directory Open Access Journal |
| issn | 2068-7796 |
| language | English |
| last_indexed | 2025-02-17T09:23:41Z |
| publishDate | 2021-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-50a6f7cd204c43279dbf1b8280d57bde2025-01-02T11:50:12ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962021-05-01141231238ON THE PRESUMPTION OF PATERNITY AND THE NEGATION OF PATERNITYCiprian Raul ROMIȚAN0Lecturer, PhD, Faculty of Law; “Romanian-American” University, Partner of “Roş & Co” Law Firm (e-mail: ciprian.romitan@rvsa.ro)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.http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_014.pdffiliationpaternitypaternity presumptionpaternity negationlegal time of the child’s conceptionmother’s husband |
| spellingShingle | Ciprian Raul ROMIȚAN ON THE PRESUMPTION OF PATERNITY AND THE NEGATION OF PATERNITY Challenges of the Knowledge Society filiation paternity paternity presumption paternity negation legal time of the child’s conception mother’s husband |
| title | ON THE PRESUMPTION OF PATERNITY AND THE NEGATION OF PATERNITY |
| title_full | ON THE PRESUMPTION OF PATERNITY AND THE NEGATION OF PATERNITY |
| title_fullStr | ON THE PRESUMPTION OF PATERNITY AND THE NEGATION OF PATERNITY |
| title_full_unstemmed | ON THE PRESUMPTION OF PATERNITY AND THE NEGATION OF PATERNITY |
| title_short | ON THE PRESUMPTION OF PATERNITY AND THE NEGATION OF PATERNITY |
| title_sort | on the presumption of paternity and the negation of paternity |
| topic | filiation paternity paternity presumption paternity negation legal time of the child’s conception mother’s husband |
| url | http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_014.pdf |
| work_keys_str_mv | AT ciprianraulromitan onthepresumptionofpaternityandthenegationofpaternity |