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The Right of the illegitimate child to obtain support in the 19th Century

Doctor :Sabrina BENDAHMANE
Director :Mme Anne LEFEBVRE-TEILLARD
Thesis date :26 November 2014
Hours :09h30
Discipline :Law
Add to calendar 11/26/2014 09:30 11/26/2014 12:30 Europe/Paris The Right of the illegitimate child to obtain support in the 19th Century This study aims to determine specificities of foodstuff right when applied to children born out of wedlock, in an area where the recognition of a child is strictly defined. In the 19th century, the illegitimate children, whose juridical status is lower than that of the legitimate children, are enti... false MM/DD/YYYY
Jury :

Olivier DESCAMPS - Professor (université Paris 2 Panthéon-Assas)

Anne LEFEBVRE-TEILLARD - Professor (université Paris 2 Panthéon-Assas)

Florence DEMOULIN-AUZARY - Professor (université de Caen)

Marta PEGUERA-POCH - Professor (université de Nancy)

Nicolas WAREMBOURG - Professor (université Paris 1)

This study aims to determine specificities of foodstuff right when applied to children born out of wedlock, in an area where the recognition of a child is strictly defined. In the 19th century, the illegitimate children, whose juridical status is lower than that of the legitimate children, are entitled to a number of rights on the condition that they're recognized by their father and/or their mother. The Code Napoleon restrictively enumerates the recognition of illegitimate children and strictly forbids affiliation research. A lot of illegitimate children are not recognized, or don't fulfil the mandatory conditions to draw up their family tie. To leave a child without resources is seen as a great injustice. Children born out of wedlock have the right to claim foodstuff, it's of vital importance? Specificities of the foodstuff's right applied to illegitimate children are stated by the case law and doctrine. Throughout the century, the bold interpretation of the law allows to grant foodstuff's right to a larger number, even if this question raises important discussions, and generates uncertainties, to which the legislator puts an end only in 1912.