The action for disavowal

Abstract

The family is considered in all civilised states to be the essential basis of society and by the word family we mean the union of husband and wife in lawful wedlock. It is for this reason that the laws of the vast majority of states grant a different status to children born in lawful wedlock and to children born outside marriage. The status of the former is said to be legitimate while the status of the latter is illegitimate. Our Code of Civil Law deals with the status of legitimate children in sections 80 to 99 which, with minor alterations, are derived from the Napoleonic Code. Two kinds of actions may be brought forward, according to our Civil Code, in connection with the status of legitimacy: A) The actions to impugn the status of a legitimate child and B) the action to claim such status. Actions of the first kind are brought against the child itself while in the second action the child is the plaintiff.