The Court of Cassation rules on the possibility of obtaining a comparative examination of blood tests under Article 145 of the Civil Procedure Code in a filiation case.
Extract
[...] The High Court is thus questioned on the possibility of obtaining a comparative examination of the blood analyses on the basis of Article 145 of the Civil Procedure Code. She responds negatively and rules on the merits of the case. After a particularly rich motivation, she therefore annuls the decision of the Court of Appeal on the basis of Articles 16-11, paragraph and 310-3 of the Civil Code and the aforementioned Article 145 of the Civil Procedure Code. In doing so, the High Court changes its previous jurisprudence of May (1st Civ., n° 92-17.911), in which it had admitted that the judge of the referees could order a comparative examination of the bloods on the basis of Article 145 of the Civil Procedure Code, provided that there was a legitimate reason to do so. [...]
[...] In this case, the Court of Cassation notes that biological expertises, both genetic and blood, have comparable purposes and reliability, so that the applicable jurisprudence for the former must be extended to the latter. In other words, Article 16-11 of the Civil Code includes blood expertises. It is therefore not possible to obtain a comparative examination of the bloods in a preliminary ruling on the basis of Article 145 of the Civil Procedure Code. The Court of Cassation rejects, as a result, the request for a comparative expertise of the bloods. [...]
[...] Court of Cassation, Civil Chamber June No. 17-16.793 - Is it possible to obtain a comparative examination of blood tests on the basis of Article 145 of the Civil Procedure Code? - Case Summary Case: 1st Civ. - June No. 17-16.793 By judgment of June the Court of Cassation prohibits, in the matter of filiation, all the « expertises of curiosity outside of a trial. In this case, a man who suspects another of being his father on the grounds that the latter would have had a sustained relationship with his mother at the time of his conception, then assigns him in summary proceedings on the basis of Article 145 of the Civil Procedure Code governing investigative measures « in futurum, that is to say, before any trial, with the aim of obtaining a comparative examination of their bloods. [...]
