Bibliographic citations
Olivares, J., (2019). Primacía del principio del interés superior del niño y adolescente en los procesos de impugnación de paternidad análisis a las resoluciones de la Corte Suprema de Justicia [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/4307
Olivares, J., Primacía del principio del interés superior del niño y adolescente en los procesos de impugnación de paternidad análisis a las resoluciones de la Corte Suprema de Justicia []. PE: Universidad Andina del Cusco; 2019. https://hdl.handle.net/20.500.12557/4307
@misc{renati/960662,
title = "Primacía del principio del interés superior del niño y adolescente en los procesos de impugnación de paternidad análisis a las resoluciones de la Corte Suprema de Justicia",
author = "Olivares Gonzales, Joselin Gabriela",
publisher = "Universidad Andina del Cusco",
year = "2019"
}
The purpose of the present investigation was to analyze different consultations and random sentences of the paternity challenge processes by the civil rooms of the Supreme Court and the constitutional rooms of the Supreme Court, noting that both rooms resolve under a different perception application of the principle of the best interest of the child in the processes of paternity challenge, being that in biological consultation the biological truth prevails and in legal cassary case the legal truth is so that in the present the origin of this process of challenge is analyzed, its objective, its effects and mainly the constitutional criteria that from the first instance must be evaluated especially to solve these processes of paternity challenge, as well as the probative value that the DNA test should be given in these processes, as we will see the process of paternity challenge is not intended to know the biological identity, which does not take into account the constitutional chamber of the Supreme Court. The latter leads us to develop what the civil courts of the Supreme Court based on the doctrine have called “dynamic identity“, in preponderance with static identity, as it has to resolve based on this constitutionally recognized right, its origin from the RENIEC's role, the cause of some norms in protection of the child's right to identity, until the development of the child's identity from the voluntary parental recognition. Likewise, an analysis is made of the principle of the best interest of the child on which the constitutional and civil halls are protected to resolve but in a contradictory way, its application is studied when it is raised to consultation and in cassation instance, as well as its international normative recognition and national, the rights of guarantees for the minor and for family processes such as the challenge of paternity.
This item is licensed under a Creative Commons License