Particularităţi ale dreptului la acţiune în materia filiaţiei
Particularities of the right to action in the matter of parentage

Summary/Abstract: From the perspective of the subjects of the legal relations of parentage, of the general and particular interests that need to be protected, the civil status actions regarding parentage involve a series of particularities, regarding the scope of persons entitled to exercise them, the non-applicability of statutory limitations in most situations or the specificity of some procedural aspects. The basis for civil action in this matter is the legitimate interest in making biological truth triumph, by removing legal presumptions in the event that they become pure legal fiction. Sometimes, it is however better to preserve the security of legal and family relationships, with national authorities being required to take all the necessary steps to decide in favour of the protection of the best interests of the child, which prevails over that of the parent, as also stated in the case-law of the Strasbourg Court. In the Romanian Civil Code system, the scope of the holders of the action for denial of parentage was supplemented with a unique character, namely the alleged biological father, but the normative solution configured in the matter still have some vulnerabilities.

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