Saatja: Sulitka Dušan <
[email protected]>
Saaja: Kadri Nõmm
Teema: FW: Denial of paternity
Dear Kadri, I have just learned that Ms Lindstrom is currently out of
the court. Could you please forward this email (please see the
communication below) to her colleagues? Thank you very much. Dušan
Sulitka
From: Sulitka Dušan
Sent: Monday, February 20, 2017 7:39 AM
To: '
[email protected]'
Subject: Denial of paternity
Dear Liis,
May I have a quick question concerning the definition of “public order”
in your country? I am particularly interested in its meaning in the
context of time limit for “denial of paternity” (contesting fatherhood).
According to the Czech law, time limit for denial of paternity is six
months from becoming aware of the facts constituting reasonable doubt
about the fatherhood. A court may still, however, decide that the
elapsed time limit is waived if required by the child's interest and
public order.
Is there any similar rule in your country? If so, what are the
situations for a conclusion that waiving of time limit is „required by
the public order“?
According to some literature in the Czech Republic, “public order”
might be “the purpose of unification of biological and legal
fatherhood”. Nevertheless, I am pretty much concerned about the
correctness of this argumentation as this purpose is present in each and
every case of contested fatherhood. Therefore, I would be extremely
grateful for any clues from your legal order.
Even, if you do not have any such rule, could you please write me what
are the conditions for waiving elapsed time limit for denial of
fatherhood in your country? Any information on the content of „public
order“ in the meaning used in family or civil law cases would be also
much welcomed.
Please, if possible, respond until the end of this week. No
comprehensive answers are needed. Just a short note on your system
(possibly with English translation of your legal regulation).
Do not hesitate to contact me in case of any questions.
Thanks a lot.
Have a nice week.
Dušan Sulitka
Vedoucí
Oddělení analytiky a srovnávacího práva
Head
Department of Analytics and Comparative Law
Supreme Court
Burešova 20, 657 37 Brno
Czech Republic
Tel.: +420 541 593 437
Mob.: +420 778 544 299
Email:
[email protected] <mailto:
[email protected]>
Web: www.nsoud.cz <http://www.nsoud.cz>