La demanda en los procesos de filiaciónilicitud del principio de prueba y tratamiento procesal

Abstract

General aspects related to child filiation proceedings are analyzed, by identifying the principles and grounds on upon which they are structured. One of the most significant specialties of this type of processes is the requirement of admission to hear the lawsuit to provide a principle of evidence of the facts on which it is based. The aim is to guarantee the seriousness or credibility of this type of lawsuit. In this paper, attention is paid to the determination of the consequences that should be caused by the provision, together with the claim, of a prima facie evidence obtained in violation of the right to genetic privacy. In other words, the procedural treatment of evidence unlawfulness in relation to the principles of evidence is specified.