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Title in English | Denial of Paternity |
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Authors | |
Year of publication | 2012 |
Type | Article in Proceedings |
Conference | COFOLA 2012: the Conference Proceedings |
MU Faculty or unit | |
Citation | |
Web | http://cofola.law.muni.cz/dokumenty/19392 |
Keywords | Denial of paternity, best interests of the child, public interest |
Description | The new Civil Code constructs new rules for the denial of paternity. First, it extends the time limit for applying a denial of paternity, but it also abandons the rule that allowed to the Supreme Public Prosecutor to deny paternity by his action, if he concluded that such action is in the interest of the child and other subjects missed the time limit. According new Civil Code, the court may excuse a missed time limit to contest paternity, if the excuse is in the interests of the child and in the public interest. Therefore, the General Prosecutor will have no longer any permission to file an action for denial of paternity. This paper analyzes the above-described changes in the background the previous legislation. |