ИНФАНТИЦИД – ПОРОДИЧНОПРАВНИ ПРИСТУП
INFANTICIDE: A FAMILY LAW APPROACH

Summary/Abstract: Realizing unbreakable connection between infanticide and social milieu, it used to be thought by some laws not to be cnougi to prevent the phenomenon only by penal sanctions. It was conceived that absolute use of the principle "Mater semper certa est" might have its own dark side as well, and the way out was to be sought for in family law norms, that is in abandoning the principle of fixing maternity at any price. Shining examples of law decisions in that sense are to be met in 1402. in old Dubronik, then in French Code Civil and Karadorde's Code. French Code Civil solution has certainly power of a good idea, but, there is only infanticide of illegitimate children taken into account in it. Infanticide is done even by mothers who are married and such cases are to be met with in court practice. It is in this light that one can understand the phenomenon in maternity hospitals where some mothers try to stay anonymous at birth and give false data on their identity so hat they can leave their new-born child in the maternity house without punishment. They, in fact, try to find the way to go by not making damage either to the child or to themselves. It is law that must that way possible.

• Details
• Contents