La prueba de la filiación en el Derecho Canónico
689; 1221; 1378 CCEO. Canon Law does not include a definition of son, it only considers the proofs and gives juridical effects to sonhoods, paternity and maternity as natural and spiritual facts. Filiation is also linked to the marriage in canon law; consequently, canon law distinguishes beween legi...
| Summary: | 689; 1221; 1378 CCEO. Canon Law does not include a definition of son, it only considers the proofs and gives juridical effects to sonhoods, paternity and maternity as natural and spiritual facts. Filiation is also linked to the marriage in canon law; consequently, canon law distinguishes beween legitimate or illegitimate filiation, perhaps, it would be more appropriate to eliminate the parentage's clasification, like in the CCEO. The way to understand parenthood and ist relationship with marriage, guides us to understand the proof of parentage in the laws of the Church. At CIC 83 the first proof of filiation is the rebuttable presumption of paternity. Currently, CIC 83 includes the DNA testing. These testings are very important to rebut the paternity's presumption. Another proof could be the baptism recordal. This can be acredited with certificates witout counting deadlines, but is not a direct proof of parentage. Ther importants proofs that shows the parentage are the civil documents. In canon law, the processes of filiation can only be adressed in the matrimonial processes, or also in consequences of the procedures of baptism recordal. In conclusion, remains a pending ask for the Church specify a more accesible and effective process for paternity cases, maternity and filiation. The filiation's processes in law can only be managed in the matrimonial processes, and also in consequence of baptism recordal's procedures. Consequently, still remains a pending task for the Church, to specify a more accessible and effective process for cases of paternity, maternity and filiation |
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| ISSN: | 0034-9372 |
| Contains: | In: Revista española de derecho canónico
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