A new model of filiation, only intentional, hasn’t legal basis, even if it’s an effect of scientific progress that has subtracted the birth event to natural laws. The jurisprudential practice, which authorized the registration of birth certificates of surrogate motherood, has only a remedial function, but it doesn’t respect the principles as status not disposable by contract and person’s identity. The brake of united Sections, combined with national realities and the caution of the European Court, underlines the concepts of favor minoris and the interest to preservation of the status in the absence of a genetic link, without renouncing the coherence of the system.
Ex iniuria non oritur ius:il freno delle Sezioni unite alla trascrizione degli atti di nascita
PIGNATARO GISELLA
2019
Abstract
A new model of filiation, only intentional, hasn’t legal basis, even if it’s an effect of scientific progress that has subtracted the birth event to natural laws. The jurisprudential practice, which authorized the registration of birth certificates of surrogate motherood, has only a remedial function, but it doesn’t respect the principles as status not disposable by contract and person’s identity. The brake of united Sections, combined with national realities and the caution of the European Court, underlines the concepts of favor minoris and the interest to preservation of the status in the absence of a genetic link, without renouncing the coherence of the system.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
