Citas bibligráficas
Arismendiz, N., (2021). El derecho del reconociente a negar su propio reconocimiento, en el Código Civil Peruano de 1984 [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/7631
Arismendiz, N., El derecho del reconociente a negar su propio reconocimiento, en el Código Civil Peruano de 1984 [Tesis]. PE: Universidad Privada Antenor Orrego - UPAO; 2021. https://hdl.handle.net/20.500.12759/7631
@misc{renati/379468,
title = "El derecho del reconociente a negar su propio reconocimiento, en el Código Civil Peruano de 1984",
author = "Arismendiz Lamadrid, Nayla Alexandra",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2021"
}
The research work that we present, entitled “The right of the recogniser to deny his own recognition, in the Peruvian civil code of 1984“ starts by questioning two articles of the Civil Code, the first of which is article 395, which refers to the extramarital recognition; and the other legal device is article 399, which refers to the challenge of paternity. The problem that we intend to address has been generated based on the two devices indicated in the first paragraph; Thus, from the analysis of those legal norms, two oppositely marked answers to the question formulated above have emerged in jurisprudential practice. The first of them tells us that the person who recognized (the recognizing) a child as his or her child cannot deny such recognition, a position taken by a sector of national and foreign doctrine, as well as by different national jurisprudence; The other opposite position and also adopted by various judges and dogmatists in Family Law is that the person who recognized (the recognizer) a child as his or her child does have the right (technically, legitimacy) to deny said recognition via the claim of challenge to paternity contained in the aforementioned article 399 of the Civil Code, a criterion that has also been taken up by various national and comparative doctrines, as well as by certain national jurisprudence. However, and despite the last of the aforementioned positions, national jurisprudence is more akin to the first criterion described above; And, this despite the fact that on July 22 and 23, 2019 in the city of Ayacucho the National Jurisdictional Plenary was held, which addressed the same problem, in which it was concluded that the recognized person could demand a challenge to his own recognition; However, the reasons addressed in such plenary session are, in view of this thesis, quite questionable; For this reason, we have asked ourselves the following question: What are the legal reasons to affirm that the recogniser can deny his own recognition via the claim to challenge paternity, prescribed in article 399 of the Peruvian Civil Code?
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