La impugnación de los reconocimientos de complacencia.
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Universidad de Cádiz
info
ISSN: 2386-4567
Year of publication: 2020
Issue Title: El interés superior del menor en la experiencia jurídica latina
Issue: 13
Pages: 578-617
Type: Article
More publications in: Actualidad jurídica iberoamericana
Abstract
This paper contains a study of recognition of paternity made by complacency and the problems that arise when the author of the declaration, as a result of disagreements with his wife or partner, tries to eliminate the filiation created by himself. The study contains a critical study of the thesis maintained by the Supreme Court in its most recent judgements. In these decisions, the recognitions are considered valid, while at the same time legitimation is granted to its author to contest the paternity. The critical analysis of jurisprudential doctrine is accompanied by an argumentative presentation of the value that, in accordance with constitutional principles and current legislation, should be attributed to these recognition of paternity.