[Autom. eng. transl.] The book aims to investigate the phenomenon of ascertaining motherhood on new bases. The first part concerns the current system of ascertaining motherhood and is conducted with a historical-exegetical and systematic method, while the second concerns the evolutionary perspectives of the current regime and is developed with a comparative method and in a de iure condendo key. In the first, the thesis according to which the codification of the woman's faculty of not being named in the birth certificate, by the reformed civil status system, has attributed to the woman a potestative right not to be a mother, by virtue of of an unquestionable appreciation, and the aim is to harmonize this prediction within a system that balances the maternal lordship in the attribution of state with the principle of responsibility for procreation and the principle of truth. In the second, the constitutional and political reasons of law are argued that - against the background of the alternative between voluntaristic systems and cc.dd. of the birth certificate - support the opportunity of an evolution of the Italian regime towards the mater always a certain east, accepted by the generality of the European legal systems.
|Translated title of the contribution||[Autom. eng. transl.] The ascertainment of motherhood. Systematic profiles and evolutionary perspectives|
|Number of pages||366|
|Publication status||Published - 2008|
|Name||Studi di diritto privato. Collana diretta da F.D. Busnelli, S. Patti, V. Scalisi, P. Zatti|