Parenthood in French law and filiation

Type :

Presentation

Pages :

9 pages

Format :

.doc

Published date :

01/15/2009

Category :

Business & market

Sub category :

Marketing

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Summary :

Introduction.
The legal filiations.
1. Definition.
2. How to prove the legal filiations in French law?
3. Presumption of fatherhood of the husband.
4. The parental authority.
The natural filiations.
1. Natural filiations by recognition.
2. Natural filiations by a judicial decision.
3. Consequences of the establishment of natural filiations.
4. The rights of a child without a natural filiations.
The adoptive filiations.
1. The simple adoption.
2. The plenary adoption.
Conclusion.
Bibliography.

Abstract

The purpose of this paper is first to understand french parenthood, namely the way to be the legal father or mother of a child. Investigating further, we will see whether the current legislation is modern enough or not, which will be our main question. Indeed, some scholars and politicians think that all of the french family laws have to be reformed because it takes its roots from the civil code of Napoleon from 1804 and therefore is too old . However, it is obvious that since 1804 french family law underwent various reforms. filiation is the kinship relation between an individual and the individual's progenitors ; the legal tie between a child and his parents. french law has three kinds of filiations first of which is the legal filiations ("filiations légitime"), followed by the natural filiations ("filiations naturelle") and finally the adoptive filiations ("filiations adoptive"). However, one has to keep in mind that it does not really matter whether the child is born in wedlock or not. Indeed, all the children are equal. Discrimination between legal and natural children has been officially abolished since the condemnation of France by the European Court of Human Rights.