Review article

SPECIAL FEATURES OF PATERNITY PROCEEDINGS BEFORE FIRST-INSTANCE COURTS

Milan Franić ; Županijski sud u Splitu, sudski savjetnik
Marko Perkušić ; Pravni fakultet u Splitu, student

Abstract

This paper is the result of a research conducted on an authentic sample of first-instance paternity proceedings. The first problem it deals with is the practical role of DNA-paternity tests as irrefutable evidence presented to first-instance courts in paternity proceedings. The latter raises the question if the need for providing any other evidence besides DNA-paternity tests still exists. The second problem poses the engagement level of first-instance courts in these proceedings, taking into account indicative data collected from the authentic sample of first-instance paternity proceedings, such as the total number and duration of the proceedings at the first-instance, as well as types of judicial decisions brought by first-instance courts in these proceedings. With this in mind four research theses are explained, as well as the formation of the authentic sample and research methodology, followed by a brief presentation of regulations on paternity issues and the analysis of the data collected from the authentic sample, in order to validate the research theses.

Keywords

determination of paternity; challenge of paternity; paternity proceedings; first-instance courts; proving; evidence; DNA - paternity tests

Hrčak ID:

107293

URI

https://hrcak.srce.hr/107293

Publication date:

20.12.2012.

Article data in other languages: croatian

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