Checchini, Bianca (2008) Accertamento e attribuzione della paternitÃ Â . [Tesi di dottorato]
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This work is carried out through three fundamental lines: at first, starting from an historical comparison with the preliminary works of the "Assemblea Costituente", it has been attempted to understand the role assumed by paternity in the Italian Constitutional Ordering. Such a survey is relevant in the perspective of configuring a constitutionally guaranteed "law of paternity" which lesion requires the reparation of existential damage. The same, under a different profile, imposes the counterbalance with other constitutional interests in collision either in the future decisions of political legislation, or in the judgments of constitutional legitimacy of laws already effective or not yet made operative.
Therefore, it has been analysed, according to the discipline on natural procreation filiation, the system of verification of the rightful and natural paternity as result of the status in the interpretation of major doctrine and jurisprudence, highlighting how a constitution modality of the father's "quality" does not allow to get all the dimensions in which the paternity acquires legal relevance at present.
On one side, in fact, the conceptual category of the status enables the verification of paternity only after the son's birth; on the other side the progress of medical science makes the attribution of paternity before the son's birth possible requesting the immediate and actual guardianship of the no-patrimonial interests relating to the conceived baby.
Finally, it has been examined the new discipline regarding the medically assisted procreation where the peculiar modality of constitution of status filiationis thought by the Legislator imposes to emphasize the principle of the act informed consent to the conception as an alternative modality in attributing the paternity enforceable to natural procreation too.
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