Responsabilidad civil extracontractual del padre frente al hijo no reconocido

Abstract

This research has as objective to prove that voluntary non-recognition of a child by a father can cause moral and material damages to unrecognized child. This behavior can result in an extra-contractual civil liability for the progenitor. It is important to highlight that this investigation is based on the inherent right of every minor child to know its biological fact and has a filiation. This right is recognized by the international community through the Convention on the Rights of the Child. In addition, during this research is known that countries like Mexico, Peru and Argentina have laws which establish financial compensation for lack of recognition of children. Extra-contractual civil liability does not have jurisprudential or doctrinal development for the non-recognition of a child. This situation due to the lack of express regulation by our legislator. The development of the theme will allow us to analyze the right to the identity of minor child and determine budgets of the extra-contractual civil liability. Moreover, its implementation in family law and the determination of the existence of a possible civil responsibility for the parent because of non-recognition of its child and, where applicable the financial compensation for moral and material damages to unrecognized child.