CADUCIDAD DE LA ACCIÓN DE IMPUGNACIÓN DE LA PATERNIDAD. ESTUDIO DEL DIES A QUO Y LA DOCTRINA DEL TRIBUNAL CONSTITUCIONAL.

Abstract

Action by the husband to challenge paternity taken within one year of receiving news that he is not the biological father cannot be considered to have expired. Strict application of article 136 of the Civil Code to cases where paternity is absolutely ruled out offers serious problems of contradiction with the principles underlying the Act of 13 May 1981, following the constitutional doctrine of the rulings of 26 May 2005 (Constitutional Court Ruling 138/ 2005) and 9 June 2005 (Constitutional Court Ruling 156/2005). The said rulings insist on legislators' obligation to mark precisely, for the sake of legal certainty, the day from which the period for taking action to challenge matrimonial paternity begins, within canons respectful of the right to effective judicial protection.