The ocultation of the mother of her doubts about paternity and moral damage

Abstract

Infidelity is not compensable, but instead, procreation with concealment. Deception is what has caused the parent to incur responsibility. The loss of affection, the emotional emptiness subsequent to the discovery of biological truth is a compensable fact. Behavior that causes harm consisting in ceasing to be the real father of the minor, and which is materialized in frustration and pain due to the loss of the paternal relationship considered existing and of the life project in common with the minor. Guilty behavior and moral damage caused are causally related. Being the minor conceived during the courtship but born constant marriage there is the presumption of marriage daughter not distorted by the mother’s doubts. The concealment of doubts about paternity cannot be incardinated in the breach of the duty of fidelity that article 68 CC imposes on married people, since there is no legal regulation for dating relationships. However, if one of the partners performs a behavior that causes harm and is causally related, the partner is responsible for the damage.