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Procedural aspects of judicial practice in matters of consanguinity in lineal descent

Author(s): Nicolae, I.

Journal: Bulletin of the Transilvania University of Bra┼čov, Series VII : Social Sciences and Law
ISSN 2066-7701

Volume: 4;
Issue: 1;
Start page: 129;
Date: 2011;
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Keywords: consanguinity in lineal descent | presumption of paternity | filiation to the mother | filiation from the father.

There are cases when the filiation of a child born within marriage is contested. Such an appeal may seek to prove either that both the child's conception and birth occurred outside marriage, or that his parents were never married. In this situation, the child cannot benefit from the presumption of paternity, although some consequences arise. He will usually benefit from the ascertainment of a single affiliation, to the parent having set out to determine the lineage to the father, through legal proceedings, instituted to this purpose (in accordance with Art. 56 and 59 of the Family Code.)

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