romanian english

ANA-MARIA GOLDAN, Family experimentation - a growing foundation, under current French and English law

Abstract: Parentage represents a reality that isn't limited to a simple physical connection, which the legislator turns it into a legal connection. The daily parentage, along with the daily life of a family, could also be taken into account by the legislator, in order to build other connections. Therefore, the filiation between people cannot be exclusively innate, but it can also result from building a family, progressively, stably and sustainably. At the same time, the biological reality of parentage, although it is seen as its main foundation, can play an insignificant role in front of an affective, emotional reality, of a de facto parentage. The latter reality will contribute to the realization and completion of the biological link. Family experimentation is, therefore, a combination of daily life, of affection between family members and of the recognition for those connections, as such, within society. It is the heart of filiation, both in the proper sense of the term, because it gives dynamics to this concept, and in a figurative sense, because it reflects the affection between the parent and the child.

Keywords: filiation de facto; child of the family; state possession; affectivity.


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