[Autom. eng. transl.] With regard to the question of whether or not the wife's adultery must be proven before the paternity disavowal, the note comments on the sentence of the Constitutional Court 6 July 2006, n. 266, which ruled in the negative, declaring the unconstitutionality of the civil code rule which imposed the preliminary proof of adultery. In admittedly highlighting this fundamental innovation, by virtue of which the actor can give immediate access in the trial to the proof of genetic incompatibility between (alleged) father and son, the note does not fail to highlight significant application difficulties, including the relative as of the expiration of the action.
|Translated title of the contribution||[Autom. eng. transl.] The Constitutional Court and the refusal of authorship: innovations of principle and application problems|
|Number of pages||7|
|Journal||DIRITTO E FORMAZIONE|
|Publication status||Published - 2007|
- diritto della famiglia