TERMENUL DE PRESCRIPȚIE ÎN ACȚIUNEA DE CONTESTARE A PATERNITĂȚII

Abstract

Legislation of the Republic of Moldova, concerning contestation of paternity, a long period of time is in contradiction with national judicial precedent and E.C.H.R. precedent. Family Code at art. 49 p. 2 provides limitation period of one year for contestation of paternity that begins from the moment when a person inscribed as father of a child or that wasn’t inscribed, but knows that it is biological father of him, find out or had to find out about inscribing of paternity. National judicial precedent deems that limitation period of one year should be calculated not from the moment of inscribing of paternity, but form the moment when interested person found out or had to find out that marital status of a child is not according to reality. Judicial precedent of E.C.H.R. ascertained, in many cases, that right to contest paternity is a personal non-patrimonial right and it shouldn’t be limited in time. Due to the fact that Republic of Moldova is a Europe Union candidate, we consider that notional normative acts must be brought in concordance with European legislation.