La impugnación de la filiación matrimonial

Abstract

The determination of the matrimonial filiation takes places for the inscription of the birth together with that of the marriage of the parents across the presumption of the article 116, of a weaker and halting presumption since it is teh contained one in the article 117 (born son inside hundred eighty day following the celbration of the marriage), or of pure recognition (article 118 and 119)- and form firm judgment. In the latter supposition, it is posible to contest teh matrimonial filiation with the object to leave without effect a matrimonial filiation legally certain –challenging of the paternity (articles 136 and 137), of the maternity (article 139), and of suppositions of recognition in wide sense (article 138). On the controversial questions that there raises the challenging of the matrimonial filiation, some solved with te recent modification of the Civil Code for the law 26/2015, of july 28, it is going to centre on the presente study.