(IN)ADMISSIBILITY OF CHALLENGES TO PATERNITY ESTABLISHED BY A FINAL JUDGMENT IN THE CASE OF NEW EVIDENCE OBTAINED BY TECHNICAL-SCIENTIFIC PROCEDURES WHICH WAS NOT AVAILABLE AT THE TIME OF THE JUDGMENT Cover Image
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(IN)ADMISIBILITATEA CONTESTĂRII PATERNITĂŢII STABILITE PRINTR-O HOTĂRÂRE JUDECĂTOREASCĂ DEFINITIVĂ, ÎN SITUAŢIA PROBELOR NOI OBŢINUTE PRIN PROCEDEE TEHNICO-ŞTIINŢIFICE CARE NU ERAU DISPONIBILE LA DATA SOLUŢIONĂRII CAUZEI
(IN)ADMISSIBILITY OF CHALLENGES TO PATERNITY ESTABLISHED BY A FINAL JUDGMENT IN THE CASE OF NEW EVIDENCE OBTAINED BY TECHNICAL-SCIENTIFIC PROCEDURES WHICH WAS NOT AVAILABLE AT THE TIME OF THE JUDGMENT

Author(s): Georgeta Bianca Spîrchez
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Universul Juridic
Keywords: paternity; respect for private or family life; fair balance;

Summary/Abstract: The following study focuses on those cases involving paternity, which at the time of their ruling took into account scientific evidence by which the filiation could not be established with certainty. If under the relevant domestic law the applicant has no possibility of challenging the judicial declaration of his paternity, the conclusion is that the authorities failed to secure his right to private life. In order to highlight the legal remedies that need to be considered, we have also referred to the main principles developed through the European Court of Human Rights case-law.

  • Issue Year: 2022
  • Issue No: 05
  • Page Range: 31-37
  • Page Count: 7
  • Language: Romanian