International filiation in the new Civil and Commercial Code of Argentina
The Argentine Private International Law omitted from yesteryear, legislate on international filiation, both in relation to jurisdiction and applicable law in matters of contesting paternity, establishment and recognition of parentage as regards the extraterritorial recognition of parental filiation....
Gespeichert in:
Veröffentlicht in: | Ars iuris salmanticensis 2015-07, Vol.3 (1), p.77-104 |
---|---|
1. Verfasser: | |
Format: | Artikel |
Sprache: | spa |
Schlagworte: | |
Online-Zugang: | Volltext |
Tags: |
Tag hinzufügen
Keine Tags, Fügen Sie den ersten Tag hinzu!
|
Zusammenfassung: | The Argentine Private International Law omitted from yesteryear, legislate on international filiation, both in relation to jurisdiction and applicable law in matters of contesting paternity, establishment and recognition of parentage as regards the extraterritorial recognition of parental filiation. Indeed, given the particularities of this issue, the responses from our discipline were delayed. The Argentina did not have regulation of internal source, and conventional rules are scarce and inadequate for today.
In comparative law and in a wide sector of the national and foreign doctrine, the tendency is to adopt a connecting element focused on the child: his domicile or habitual residence, with some nuances of different interpretation and potential accumulation of laws. Also on jurisdiction, we note a clear orientation towards the opening of forums available.
In the present work, we try to provide some guidelines for coding this sensitive issue, which involves primarily the human rights of children, with special consideration the provisions of the recently adopted Civil and Commercial Code of Argentina, and the current context in which the techniques of assisted human reproduction claim a starring role, with serious and concrete effects on Private International Law. |
---|---|
ISSN: | 2340-5155 |