La impugnación de los reconocimientos de complacencia.

  1. Blandino Garrido, María Amalia 1
  1. 1 Universidad de Cádiz
    info

    Universidad de Cádiz

    Cádiz, España

    ROR https://ror.org/04mxxkb11

Journal:
Actualidad jurídica iberoamericana

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.