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They modify Civil Code: the mother can now deny that the husband is the father of her son to comment this news access to comment as a user
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  • 10/08/2022
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They modify Civil Code: the mother can now deny that the husband is the father of her son to comment this news access to comment as a user

Five articles of the Civil Code have just been modified and another.All this in accordance with the provisions of law that strengthens the integral protection of girls, boys and adolescents, Legislative Decree No. 1377, published on Friday, August two4, two018 in the Official Gazette El Peruano.

The modified articles in question are the following: 46, 361, 36two, 396 and 40two inc.6.Likewise, article 404 has been repealed.Do you want to know quickly what these changes consist of?Here we tell you.

1.With her single statement, the mother can destroy the presumption of marriage paternity.

This is undoubtedly the most important change.It continues to replace that the child or daughter born during the marriage (or within 300 calendar days following his dissolution) has as a father to the mother of the mother.But now it is established that this presumption will remain aside if the mother expressly declares the opposite, that is, if the parent states that her husband is not the father of the child.

Thus, art 36two of the Civil Code, which regulates the presumption of marriage affiliation, now points out that "the son or daughter is presumed marriage, unless the mother expressly declares that she is not from the husband".Likewise, the art.361 He says that "the child or daughter born during the marriage or within three hundred (300) calendar days following his dissolution has as a father the husband, unless the mother expressly declares the opposite".

two.The true father can recognize the child without the need for a judicial process

The original text of article 396 of the Civil Code pointed out that the son of married woman could not be recognized by the true father, but after the husband had denied him and obtained a favorable sentence.This rule has also changed radically.Now the parent can directly make the recognition, enough for it that the mother has expressly declared that the child is not from her husband.

Thus, article 396 now establishes the following: "The son or daughter of a married woman can be recognized by her parent when the mother has expressly declared that she is not from her husband.This recognition can be made during birth registration when the mother and the parent go to the Civil Registry, or after the registration made only by the mother, when she has declared who the parent is.It also proceeds when the husband had denied him and obtained a favorable sentence ".

Modifican Código Civil: la madre ahora podrá negar que el esposo sea padre de su hijo Comentar esta noticia Accede para comentar como usuario

3.The DNA test will prove the affiliation even if the mother's husband had not denied paternity.

The previous text of the INC.6 del art. 40two del Código Civil establecía que se podría acreditar el vínculo parental entre el presunto padre y el hijo a través de la prueba del ADN u otras pruebas genéticas.But he pointed out that this rule was not applicable in the cases of a married woman's son whose husband would not have denied paternity.

This has also changed.There is no longer that limitation, so the DNA test will prove the affiliation regardless of that the husband has denied paternity.

Thus, the new text of this subsection now establishes that "extramarital paternity can be judicially declared: (...) 6.When the parental link between the alleged father and the son or daughter is accredited through the DNA test or other genetic or scientific tests with the same or greater degree of certainty.The judge will dismiss the presumptions of the preceding subsections when a genetic test or another of scientific validity had been carried out with the same or greater degree of certainty ".

4.Now the judicial declaration of paternity of married woman's son proceeds.

Article 404 of the Civil Code established that if the mother was married at the time of conception, only the action of the judicial declaration of paternity of the mother married could be admitted in the case that the husband had answered his fatherhood and obtained a favorable sentence.This rule no longer exists in our legislation, when said article is repealed.

With this, now the Judicial Declaration of Paternity of Casada's Son will proceed without the need for the husband to have answered the paternity.

5.Children under 14 years of age can enforce their children and judicially challenge paternity

The last paragraph of article 46 of the Civil Code establishes that, at the birth of the Son, the inability of the parent that is even minor but is more than 14 years old, only so that it can perform certain acts.The new text adds new acts that this child can now perform: a) register the birth of their sons and daughters;b) Celebrate extrajudicial conciliations in favor of their sons and daughters;c) request your registration in the Single Registry of Identification of Natural Persons, process the expedition and obtain your National Identity Document;and, d) judicially challenge paternity.Thus, this is the new text of the article:

"Article 46.- Capacity acquired by marriage or official title inability of people over sixteen (16) years ceases for marriage or obtaining an official title authorizing them to exercise a profession or trade.The capacity acquired by marriage is not lost due to the termination of this.In the case of older fourteen (14) years, incapacity ceases from the birth of the son or daughter, to perform only the following acts: 1.Register the birth and recognize your sons and daughters.two.Sue for pregnancy and childbirth expenses.3.Demand and be part of the processes of possession, food and visits regime in favor of their sons and daughters.4.Demand and be part of the extramarital affiliation processes of their sons and daughters.5.Celebrate extrajudicial conciliations in favor of your sons and daughters.6.Request your registration in the Single Identification Registry of Natural Persons, Process the Expedition and obtain your National Identity Document.7.Judicially challenge paternity ".

You.You can download this important standard here and/or read it in our scribd file:

D.Leg.1377 by on scribd

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