The essay deals with the dialectical tension between the naturalistic paradigm and the voluntary paradigm on the subject of filiation in the the background of the problems caused by reproductive technologies. It analyzes some ambiguities of contemporary law and the profound difference between the systematic implications of the two paradigms. It links the orientations of the jurisprudence of the European Court of Human Rights with the basic lines of Italian legislation and jurisprudence. It ends with an analysis of the constitutional jurisprudence on the subject of homogenitoriality.
|Translated title of the contribution||[Autom. eng. transl.] Paradigms of filiation|
|Title of host publication||Quale diritto di famiglia per la società del XXI secolo?|
|Number of pages||22|
|Publication status||Published - 2020|
- European Court of Human Rights
- Corte EDU