Again civil liability in the field of family law in particular, the concealment or lack of attribution of the non-biological paternity of the child

Abstract

One of the issues that is currently still the subject of debate is the application or not of the civil liability regulations in the field of Family Law, specifically, whether or not breaches of the duty of fidelity are compensable in terms of their classification. or not as a legal duty and, therefore, if they are, more specifically, the moral and patrimonial damages arising from the concealment of the true nonbiological paternity of marital children, as other areas of family law such as breach of the right of visits and the actions of wrongful bitrh, wrongful life and wrongful conception. The present study will focus on analyzing, precisely, whether in these cases compensation for such damages is possible or not and whether the doctrine of recovery of undue amounts can be applied to food received or other expenses or whether the unjust enrichment, if we keep in mind the latest resolution of the Supreme Court, Civil Chamber, of February 23, 2024, which, once again, affects the matter, after the ruling of this same High Court, of the Plenary of the Chamber of Civil, of April 24, 2015 regarding the non-reimbursement of the amounts paid as maintenance by the nonbiological parent through the collection of undue amounts, and ruling of this same High Court, and also Plenary, of April 13, 2015. November 2018 which, in addition to reaffirming the irreparability of the damages derived from the breach of marital duties and the concealment of paternity — in line with the sentences of July 22 and 30, 1999 —, also excludes the claim aimed at obtaining reimbursement of what was paid as food.