Key Concepts in Succession Law Key Concepts in Succession Law Explore the fundamental concepts and principles of the Law of Successions. Click on any section below to learn more. 🏛️ General Considerations & Patrimony Definition of succession and the concept of patrimony. ⏳ Opening of Succession Time and place where succession begins. 💎 Inheritable Property Scope of the hereditary estate, including corporeal and incorporeal rights. 👤 Capacity to Inherit Who has the legal right to inherit. 🚫 Unworthiness to Succeed Grounds...
Section 4. Contestation of Filiation and Disowning
Sub-Section 1. Contestation of Filiation
Article 163. – Principle
The maternal filiation of the child may be contested at any time by any interested person.
Article 164. – Admissibility of Action.
1) The action to
contest filiation may not the instituted except with the permission of the
court.
2) Such permission
shall not be granted unless there are
presumptions of indications resulting from concrete facts enabling the court to
grant permission.
Article 165. – Inadmissibility of Action .
Where the filiation of the child results from the
certificate of birth and is corroborated by a possession of status, permission
to institute an action to contest
filiatoin may not be granted.
Article 166- person Against whom Action Instituted
1) The action to
contest filiation shall be instituted against the person whose filiation is
contested or against his heirs.
2) The mother and,
where necessary, the father of the child shall be joined as parties in the
proceedings.
Sub-Section 2. Disowning
Article-167-Principle.
The paternal
filiatioon of a child may be contested only by means of an action to
disown.
Article-168- No
Sexual Intercourse with the Mother
(1) Principle.
The person to whom the law attributes the paternity of a
child may disown such child by proving decisively that he could not have had
sexual intercourse with the mother during the period between the 300th and
180th day before the birth of the child.
Article 169-(2) Legal Presumption
1) The spouse shall
be deemed to have had no sexual intercourse with one another during the time
when they actually lived separately following a petition for divorce made by
one of them or in consequence of an agreement consequence between them.
2) Proof to the
contrary by any means is admissible.
Article 170. -When Paternity is impossible (1) Principle.
The Person to whom the law attributes the paternity of a
child may disown such child by proving decisively that it is absolutely
impossible that he could be the father of the child.
Article 171. – (2) Admissibility of Action.
(1) The action to
disown based on the preceding Article may not be instituted except with the
permission of the court
(2) Such permission
shall be granted when there are presumptions or serious indications resulting
from sufficient and reliable facts enabling the court to accept the action
Article 172. – (3) Presumptions and serious Indications.
(1) The
presumptions and serious indications may consist of physical characteristics of
the child recognized by science to be incompatible with those of the father.
(2) They may also
result from the fact that the women has concealed the birth of the child or her
pregnancy to the man under circumstances which are apt to create doubts as
regards his paternity.
Article 173. – (4)
Adultery or Admission of the Mother .
The adultery of the mother or her admission that the child
has another father are not sufficient, by themselves, to constitute serious circumstantial
evidence.
Article 174. – plaintiff in the Suit.
(1) Only the person
to whom the paternity of the child is attributed by legal presumption may
institute an action to disown.
(2) No action to
this effect may be made by the mother or by a man who claims the paternity of
the child or by the public prosecutor or by the child himself.
Article 175. – Judicially Interdicted Person.
(1) An action to
disown may, with permission of the
court, be instituted by the judicially interdicted person himself.
(2) The action may,
with the same permission, be instituted in the name of the interdicted person
by his guardian.
Article 176. –Time
(1) Principle.
(1) An action to
disown shall be instituted by the man to whom the paternity of the child is
attributed by law within 180 days following the day he knew or he should have
known the birth of the child.
(2) Where the
maternal filiation is established by an action to claim a status, the action to
disown shall be instituted within 180 days from the judgment deciding on the
action to claim a status having become final.
Article 177. – (2) Exception.
(1) Where the
person to whom the paternity of the child is attributed by law dies or becomes
incapacitated within the time fixed by law for instituting the action to
disown, one of his descendants, in his stead, may institute an action to
disown.
(2) In default of
descendants, the right to disown may be exercised by his father, or mother, or
in their default, by one of his ascendants.
(3) In default of
ascendants, it may be exercised one of his brothers or sisters, to the exclusion
of any other heir or representative
Article 178- Inadmissibility of Action
Disowning shall not be allowed where it is proved that the
child has been conceived by means of
artificial insemination with the written consent of the husband.
Article 179-Defendant in the Suit.
1) The action to
disown shall be instituted against the child where he is deal, against his
heirs.
2) The mother of
the child shall be jointed in the suit.
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