Bibliographic citations
Farfan, P., (2017). Modificatoria de la filiación extramatrimonial en el caso el padre no tenga domicilio conocido, sea inubicable o este haya muerto, como efectos civiles en el art. 2 de la ley N° 30628. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/1798
Farfan, P., Modificatoria de la filiación extramatrimonial en el caso el padre no tenga domicilio conocido, sea inubicable o este haya muerto, como efectos civiles en el art. 2 de la ley N° 30628. [Tesis]. : Universidad Andina del Cusco; 2017. https://hdl.handle.net/20.500.12557/1798
@misc{renati/955629,
title = "Modificatoria de la filiación extramatrimonial en el caso el padre no tenga domicilio conocido, sea inubicable o este haya muerto, como efectos civiles en el art. 2 de la ley N° 30628.",
author = "Farfan Condori, Percy",
publisher = "Universidad Andina del Cusco",
year = "2017"
}
In the present investigation titled Modification of the extramarital filiation in the case the father has no known address, is unplayable or has died, as civil effects in Art. 2 of Law 30628, we will explain why we believe that this determination of judicial affiliation of extramarital paternity should not be subject to the second paragraph of Art. 2 of Law 30628 “sampling will be carried out for the biological test of DNA, which is performed with samples of the father, mother and child; if the father has no known address, is unplayable or has died, the test may be carried out on the father, mother or other children of the defendant, “which must be the general provision of Book III of Family Law where it indicates in its article 336 of the civil code that the consanguineal kinship is the existing family relationship between people who descend from one another or from a common trunk. Where the degree of kinship is determined by the number of generations. In collateral line, the degree is established rising from one of the relatives to the common trunk and then down to the other. This kinship produces civil effects only until the fourth degree. And so make the right of the child's identity prevail, through filiation based on the DNA test. In this we propose the modification of article 2 of Law 30628 Law that modifies article 2 of the Law that regulates the process of judicial filiation of extramarital paternity Law 28457. We approach the family from a sociological and legal point of view, in a broad, restricted, intermediate sense since the family is a set of legal norms that regulate family legal ties, about filiation, its juridical nature and we examine how the doctrine has been divided for find the essence of filiation; we analyze filiation and its classes: conception, birth and mixed theory; likewise, extramarital filiation. We develop the filiation actions that seek the adaptation between the formal truth and the biological truth exposing the conceptual delimitation of said actions, their characteristics and classes, among them, the actions of claim and the actions of ignorance. We also describe the right of identity and its legal nature addressing the name as an attribute of personality as mentioned in the Civil Code and the Code of Children and Adolescents, the right to identity, we are involved with the right to identity at the constitutional level and supranational. For all the aforementioned reasons, we conclude that for the recognition of the filiation of the extramarital child, stipulated and modified in article 2 of Law 30628, it must be modified in the sense that “at the hearing the sampling will be carried out for the biological DNA test, which is performed with samples from the father, mother and son; If the father has no known address, is unplayable or has died, the test may be carried out and extended to the relatives of the defendant up to the fourth degree of consanguinity “having as a basis and legal basis: Art. IX, X, of the preliminary title of the CC, Art. Art. 236, 413 of the CC Art IX of the preliminary title of the ANC, Art. 6 of the ANC, numeral 1 of Art. 2 of the C.
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