РИМСКИЯТ МИРАЖ „ПРЕЗУМПЦИЯ ЗА БАЩИНСТВО“
ROMAN MIRAGE "PRESUMPTION OF PATERNITY"

Summary/Abstract: The study researches Paulus's sentence in D.2.4.5.The author shares the objections that it is not a paternity presumption and accepts the view that it is a praesumptio voluntatis and an interpretation rule. The link between marriage and children's origin belongs to Plato in "The Republic"-380 BC, Book V, 416D- long before Paulus and the Digests. The suggestion for a paternity presumption comes from Hugo Grotius "The Law of War and Peace"-1625, book II, chapter VI, para VIII 1-3 but first Montesquieu mentions it as a law provision in Lettres Persanes-1721, Letter 86 and then Paris lawyer Mathieu Marais in volume III of his Memoires-1724.

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