Claim of the food pension after declaring itself the nonexistence of the filiation

Abstract

The determination of the filiation carries certain effects, such as the food presentation for the progenitors, duty inherent in the native legal authority (articles 113 and 154 of the Civil Code). After the estimation of an action of challenging it is necessary to raise if there is possible the reimbursement of the quantities satisfied with a view to alimony paid by the one that is not a biological father opposite to another progenitor, or even, the biological progenitor, applying for it the doctrine of the payment of the undue thing (article 1895 of the Civil Code), and the retroactive efficiency of the judgment with effects ex-tunc, or simply, operating with effects ex-nunc. The present study is going to centre on the challenging of the filiation on matrimonial small boat and the scope of his effects, in I make concrete those that minors stem from the food due to the children.