Intelligente juristische Informationen
 Deutschland | 1-929-605-4013

SECTION XIV - Parent And Child

Document Cited in Related
AuthorE. J. Cohn
ProfessionSir
Pages25

  1. Questions of legitimacy are governed by the law of the country whose nationality the husband of the mother possessed at the time of the child's birth or, if he had died before that time, at his death, article 18 (1), EGBGB. This rule is so wide that the law thus rendered applicable decides not only the question whether the child is the legitimate child of the father, but also whether it is the legitimate child of its mother. The validity of the parent's marriage is a preliminary question which (semble) is governed by article 13 (see section XIII, para. 7 above) and not by article 18. German law applies, however, by way of exception (article 18 (2)), if the mother is German and the child a minor. The German Courts assume jurisdiction in legitimacy cases whenever one of the parties is a German national or has his or her habitual residence in Germany, for details see section 642 Code of Civil Procedure. They do not consider it to be a question of decisive importance whether their decisions will be recognised abroad.

  2. Article 18 deals only with the question whether or not the child is legitimate. The effects of legitimacy are according to article 19 governed by the lex patriae of the father and, if he is dead, by...

Um weiterzulesen

FORDERN SIE IHR PROBEABO AN
Navigationsindex

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT