La Cassazione recepisce l’intervento della Consulta in materia di disconoscimento della paternità e (sopravvenuta irrilevanza della) prova dell’adulterio

Translated title of the contribution: [Autom. eng. transl.] The Supreme Court acknowledges the intervention of the Consulta in the matter of disavowal of paternity and (supervening irrelevance of the) proof of adultery

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The note (commenting on the sentences of the Cassation of 22 February 2007, n. 4175 and 3 April 2007, n. 8356), after having retraced the steps that led to the declaration of constitutional illegitimacy of the art. 235 n. 3 cc, highlights the profound change in the paternity denial regime, in which only the proof of genetic incompatibility between child and presumed father is highlighted and the articulation between admissibility phase and merit phase is suppressed. There are, however, some disadvantages to the manipulative intervention of the Consulta, the main of which is the need - not easily generalisable by way of interpretation - to correlate the starting date of the action's lapse term with the knowledge of genetic incompatibility.
Translated title of the contribution[Autom. eng. transl.] The Supreme Court acknowledges the intervention of the Consulta in the matter of disavowal of paternity and (supervening irrelevance of the) proof of adultery
Original languageItalian
Pages (from-to)790-798
Number of pages9
JournalFAMIGLIA E DIRITTO
VolumeXIV
Publication statusPublished - 2007

Keywords

  • diritto della famiglia

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