Impugnación del reconocimiento voluntario de paternidad, mediante vía de nulidad de acto.

Abstract

This academic titling article describes in its sections I and II fundamental legal doctrines on the challenge of the voluntary acknowledgment of paternity, through annulment of the act, whose fundamental aspect to describe will be the vices of consent. Analyze if there is a violation of the rights of the minor and also of the acknowledgment when this figure is applied. When the Recognizer wins a case regarding this kind of legal action, it is noted that he may bring an action for Damages, against the mother, requesting compensation for incurred expenses. It is a current problem that is increasing in the judicial units of the country, and there are cases in which the injured party gives up, to exercise or claim this right. Consequently, this situation is due to ignorance of the standard because the difference between each of them is not explained in detail; and, for the above, it is the reason to suggest a reform so that these two legal paths that are established in article 250 Civil Code; regarding the legal concept of challenging the voluntary acknowledgment of paternity; since these are fixed in this article in question, but need textually in two different articles, with the purpose of indicating in detail the difference between each one of them and the correct procedure to be applied in the judicial system; so that lawyers, judges and even users are not confused as a way to help legally.