Paternity presumption, filiation, French Civil Code, Article 312, Article 310-1, Court of Cassation, family law, child filiation, biological father
Reader
Abstract
Extract
of 10
Abstract
Analysis of the presumption of paternity in French law and its implications for establishing filiation.
Extract
[...] In this case, Jonny cannot establish his filiation with regard to Laure through the effect of the law by the presumption of paternity, but he has other means to establish a filiation that will allow him to be recognized as the father of Laure. Thus, Jonny will be able to establish his filiation through recognition or even through possession of state certified by a deed of notoriety. Once again, we can recommend to Jonny to rather opt for recognition, the procedures will be easier. Of course, these solutions will only be possible if a filiation is not already established or if it has been contested. [...]
[...] They enter into the family of each of them ». In this case, Jonny is dying and wants to organize his succession in an equitable manner for all his children. The goal is for all children to receive the same share of the inheritance without making any difference between those born in marriage or in a concubine relationship. Thus, the children whose paternal filiation of Jonny will be established will inherit. Therefore, Joe, Jad, Davy, and Laure, we must establish filiation so that they can access the inheritance, and for Estelle, we must first ensure that she is really his daughter to establish filiation and give her a succession vocation. [...]
[...] In the hope that Jonny is dying and wants to establish his filiation with Jad as his father so that he can be recognized as such. Given that it is not known if Jonny will have the opportunity to see his second daughter born, ante-natal recognition appears to be the best solution for him to establish filiation between him and Jad. Establishment of Jonny's filiation with Davy: Can the principle of presumption of paternity be applied to establish filiation between a father and the child of a previous marriage? [...]
[...] In this case, a man brings an action to contest filiation. He files an appeal on the same grounds: he sues the father of a child in search of paternity and, alternatively, a biological expertise. The Court of Appeal does not grant his request, which is why he files a cassation appeal, and in the present case, to the full court. It is up to the Court of Cassation to consider whether it is possible to impose biological expertise. The Court recalls that in principle, biological expertise is a right in matters of filiation, unless a legitimate reason prevents it. [...]
[...] The Court of Cassation declares the appeal inadmissible. CASE FILE N°2: The judgment we will study is a judgment of rejection rendered by the first civil chamber of the Court of Cassation on June The judgment is related to the contentious establishment of filiation. In this case, a woman brings an action to seek paternity, which is declared inadmissible, she therefore requests a statement of possession of the status of a natural child. An appeal to the Court of Cassation is then lodged to contest this filiation. [...]
