Contesting paternity by subjects of inheritance rights
Keywords:
contesting paternity, heirs of the person registered as the child's father, interests of the heirs, family law interest, multiple legal statuses, prohibition of arbitrary interference in family affairsAbstract
The rule of the Family Code of the Russian Federation, adopted in pursuance of the decision of the Constitutional Court of the Russian Federation, regarding the possibility of challenging paternity by the heirs of the person registered as the father of the child, requires a systematic interpretation of the norms of family and civil legislation. According to the author, the key factor in the conflict-free application of the new rule is the establishment of the existence of a family law interest among the heirs of the person registered as the child's father. It is also necessary to consider the behavior of the person registered as the child's father. Circumstances significant for intervention in family affairs are determined. A conclusion is reached regarding the need to adjust the current regulatory framework.