Concepţia pur biologică în materia filiaţiei faţă de tată – limită a principiului interesului superior al copilului?
The purely biological conception in the matter of parentage towards the father – limit of the principle of the best interests of the child?

Summary/Abstract: Undoubtedly, the principle of biological truth constitutes the fundament of the civil status actions regarding parentage, the legitimate interest being to remove legal presumptions if they do not match the biological reality. However, sometimes, it might be better to preserve the stability of legal and family relationships. The aim of this study is to determine to what extent, within the scope of Article 432 of the Civil Code (action to challenge the legal father’s paternity brought by the presumed biological father), the Romanian legislature was able to strike a fair balance between the principle of biological truth and the principle of the best interests of the child; does the national judge have a wide margin of appreciation in order to weight the competing interests?

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