Citas bibligráficas
Cruz, Y., Miranda, K. (2020). Criterios jurisdiccionales al resolver pretensiones de impugnación de reconocimiento de paternidad extramatrimonial interpuestas por quien efectuó el reconocimiento [Universidad Nacional de Trujillo]. https://hdl.handle.net/20.500.14414/19185
Cruz, Y., Miranda, K. Criterios jurisdiccionales al resolver pretensiones de impugnación de reconocimiento de paternidad extramatrimonial interpuestas por quien efectuó el reconocimiento []. PE: Universidad Nacional de Trujillo; 2020. https://hdl.handle.net/20.500.14414/19185
@misc{renati/1046991,
title = "Criterios jurisdiccionales al resolver pretensiones de impugnación de reconocimiento de paternidad extramatrimonial interpuestas por quien efectuó el reconocimiento",
author = "Miranda Tirado, Katherine Scarlett",
publisher = "Universidad Nacional de Trujillo",
year = "2020"
}
ABSTRACT With this investigation it has been possible to determine that the recognizers are the main to sue challenge extramarital paternity in Superior Court of Justice of La Libertad, this sues remostly admitted, despite the prescribed in article 399° of the Civil Code. Regarding the legitimacy of the recognizer to sue, there is no consensus on the view of the family judge, because while for one sector the article 399° of the Civil Code legitimizes to recognizer for file a claim, for another, this same article prohibits that he sue. At the time of sentencing, the trial judge has as its main and preferred criterion the result of the DNA test, without taking into account, in most cases, other factors such as the age of the recognized, possession of the son status, which has the recognized child, among others, the ones that are important for to carry out a displacement of filiation, especially if the recognized person is a younger, because he or she is in the formation of their identity. In addition, the number of judicial sentences that were elevated in Consultation to the Supreme Court of Justice of the Perú non-existent, due to the no application of article 399° of the Civil Code during the period analyzed 2012-2017, despite the fact that in practice this article is being applied. All this marks a panorama of legal uncertainty regarding the challenge paternity when who file to claim is the recognizer. There are different and opposite criteria, both for admissibility to the claim and for its resolution, a situation that harms not only to who sued, as is not certain that his claim will be admitted or rejected, this depends on the criteria of the judge appointed for the resolution of his process, but above all harms those who were recognized, that as mentioned, almost in all of these legal processes are minors, who are stripped of his paternity without a correct and systematic analysis of what this implies in the life and development of them; where, in many cases, the best interests of the child are not valued.
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