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 author of the recognition who can prove impotence and who is not impotent but already knows the untruthfulness of his paternity when the annual term has elapsed, from the moment of noting the acknowledgment. There is another difference in treatment between the father who intends to assert the biological truth, challenging the recognition made and the father who instead acts for the denial of paternity pursuant to the art. 244 c.c.