PROOF OF FILIATION BY RECOGNITION OF PARENTAGEIN IN ALGERIAN FAMILY LAW
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Abstract
The primary objective of the regulated provisions for proving filiation in family law, is to preserve it by adopting several methods to establish legitimate paternity. However, the search for this truth remains relative, as the legislator has preserved a role for will in proving filiation through the means of recognition of parentagein and the testimony of witnesses, which are based on honesty and truthfulness. Recognition of parentagein is considered one of the most important methods of proving filiation, although its application may raise various practical issues. These issues revolve around the conditions for its acceptance and reliance in proving filiation, especially if the legal marriage is absent in the person who acknowledges paternity or maternity. This article examines the conditions for proving filiation through recognition of parentagein and the effect of the lack of marriage on proving paternity through recognition, in the light of jurisprudence and judicial reasoning of the Supreme Court.
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