The Reevaluation of Paternity Presumptions in the Current Civil Code

Abstract

The current Romanian Civil Code is characterized mainly by the fact that it is a monistic code, applicable to both civil and commercial relations, as well as to family law.The filiation towards the father (the paternity) is one of the family law institutions, which gains a new configuration within the current regulation. In this respect, this study analyzes the presumptions applicable to paternity, some of them regarding marital paternity, while others envisage extra-marital paternity.Thus, the marital paternity presumption is found in the new code in a simplified formula that unites under its legal protection both the children born in wedlock, as well as those conceived during marriage but born after the cancellation, dissolution or termination of marriage.In addition, the current code establishes a new presumption of paternity – that of the child born out of wedlock, this presumption being designed to facilitate probation for establishing the paternity of the child born out of a marital relationship.