Il bilanciamento tra interessi spesso confliggenti nella tutela dello status filiationis

Di Chiara Ingenito -
This paper analyzes the sentence of the Italian Constitutional Court n. 133/2021 that, respect the art. 263, comma 3, c.c., outlines some important coordinates aimed at achieving balance between the favor veritatis and favor filiationis, aimed at evaluating any violation of the principle of equality. Compared to the latter, the conflict concerns, on the one hand, the art. 263 c.c. respect, both at the dies a quo, relating to the   annual forfeiture period, and at the term of five years which starts from the annotation of the recognition  and therefore beyond the real knowledge of non-paternity. Correlatively, for the Court, there is a first evident difference in treatment between the autho. . .