The investigation of the paternity and the spanish courts case-law

Abstract

The reform of the article 127 Civil code in 1981 had make possible the investigation of paternity through all kind of evidences, included the bilogical test. This has meant that the bilogical truth became one of the guiding principles in fliation regime in spanish law. The possibility to carry out the biological test has started a true revolution because of the technical accuracy and high reliability of this test. As a matter of fact, there are a large number of doctrinal essays and jugdments of the high court on this topic concerned to solve the problems involved with it. One of the greatest task por the justice courts has been to fulfil the legislative silence about the value of the biological tests. In fact one of the biggest problems is the respondent’s refusal to submit to the biological test. Nowadays the investigation of the paternity is still an issue of current interest. This is evident in the fact that thera are a good number of judgments trying to solve the dijficulties to which it gives place. The purpose of this paper is to find out and highlight the essential rules of the investigation of the paternity in the Spanish law.