Damage to family law: concealment of the child’s non biological paternity
Keywords:
Tort law, Paternity fraud, Duty of fidelity, Non-pecuniary loss, Pecuniary loss, Paternity non biologic, Unjust enrichment, CompensationAbstract
One of the most controversial issues is the application if civil liability in the area of family law. The present study will focus on analyzing whether or not the moral and patrimonial damages derived from the concealment of non biological paternity are compensable. For this we will refer both to the doctrine set forth in the judgment of the Supreme Court, of 24 april 2015, as established in the judgment of 13 novembre 2018 that in addition to reaffirming the irreconciability of damages arising from the breach of the paternity concealment, it also excludes claims for reimbursement of maintenance payments.