Sondaje 6

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Paternity in the Legislative Vision of the New Romanian Civil Code

Irina Apetrei[1]


The present paper analyses the legislative novelties and changes brought by the new Romanian Civil Code (287/2009 Act) regarding the affiliation (towards the father) as compared with the existing regulations of this institution stipulated in the Family code (4/1953 Act).

Concretely, the paper deals with the legislative changes and novelties regarding the paternity presumption of the child resulted from inside the marriage, the presumption of the legal period of conception, the action for denial the paternity of the child resulted from  marriage[2] and the action for proving the paternity of the child resulted from outside the marriage.

Keywords: paternity (affiliation), new Romanian Civil Code, legislative novelties and changes

[1] Dr. Irina Apetrei is aLecturer at „Mihail Kogălniceanu” University, Iaşi, Romania

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[2] According to the legal literature, “the child resulted from marriage” means the child born during marriage, even if he/she was conceived before marriage and whether the mother’s husband knew the pregnancy condition of his future wife on the date of the marriage contract. “The child resulted from marriage” also means the child born during a marriage declared null and void as well as the child conceived during marriage, but born after marriage dissolution or annulment if the birth took place prior to the mother’s re-marriage.


Mise à jour le Mercredi, 07 Septembre 2011 08:47