Bibliographic citations
Torreblanca, L., (2019). Hacia una solución proporcional y tuitiva en los procesos de cuestionamiento de la paternidad en el Perú [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/13502
Torreblanca, L., Hacia una solución proporcional y tuitiva en los procesos de cuestionamiento de la paternidad en el Perú []. PE: Pontificia Universidad Católica del Perú; 2019. http://hdl.handle.net/20.500.12404/13502
@mastersthesis{sunedu/2652333,
title = "Hacia una solución proporcional y tuitiva en los procesos de cuestionamiento de la paternidad en el Perú",
author = "Torreblanca Gonzales, Luis Giancarlo",
publisher = "Pontificia Universidad Católica del Perú",
year = "2019"
}
For centuries, the family focused on the legal ties derived from marriage, but in the face of current social changes, the prevalence of legal ties and biological ties has been discussed, for which reason, in countries such as Argentina, Chile, Ecuador and Colombia, they have issued sentences that privilege biological truth; while in other cases, in these same countries the demand has been rejected because the family status, emotional stability, legal and affective security of the child or the socio-affective relationship were privileged. Situation that seems to be more defined in our country, where in spite of having very restrictive legal norms for the questioning of paternity; However, our judges have opted for the unrestricted defense of the right to biological truth, a position that we do not share in the present investigation, where we consider that we should start from the tuition function recognized in the Third Civil Casatory Plenary to give it the human focus that requires the judicial process of questioning paternity, on the other hand, we point out that there is no conflict between biological truth with social, affective or parenting affiliation, since both are part of the same fundamental right that is the right to identity. In this sense, the problem can not be solved with the weighting of any of the rights, but the solution must be sought based on the best interests of the child and adolescent, which forces us to listen / take into consideration the opinion of the children. children and adolescents to ensure that they are treated as subjects of rights, in addition to analyzing the possibility that the search for biological truth does not entail the application of all rights inherent to parental authority and that the maintenance obligation may be prolonged until the minor finds his biological father.
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