THE DETERMINATION OF THE FILIATION FOR RECOGNITION. HIS EVENTUAL CHALLENGING

Abstract

One of the means of determination of the extramarital filiation is for recognition by means of the manifestation of the fact of the paternity and biological maternity realized by the progenitor that, it can be an object of challenging, when it does not answer to the biological truth or there exist vices that invalidate it. The present study is going to centre on such a way of determination of the filiation, on his eventual challenging, beside analyzing the actions of challenging of the filiation matrimonial, specially, in determined by recognition (articles 117, 118 and 119 of the Code Civil), as consequence of the concurrence of vices of the assent (article 138 of the Civil Code).