| Abstract [eng] |
Family and paternity are especially important social institutes, which constantly face various changes due to the changing realities of life. It should be noted that the fragility of the modern family, the transformation of marriage and family concepts, cohabitation, modern reproductive technologies and many other factors have a significant impact on changes in the concept of paternity and in addition to increased number of situations when paternity is contested. Seeing that the case-law is changing because of such social factors, in this master work is made a comprehensive analysis of Lithuania case-law in cases of contestation of paternity, and moreover the analysis of the legal literature, which especially helps to highlight the existing diversity of conceptions of paternity in modern society and law. On the ground of the analysis made in this master work, it is identified wich concept of paternity is used by Lithuanian courts in the proceedings of paternity contestation. Moreover, it is emphasized that the concept of biological paternity is no longer the only one of the species of paternity and that the social and psychological concepts of paternity are taking an icreasingly significant importance on both society and the practise of Lithuanian courts. In this work it is also analysed how Lithuanian courts are dealing with the problem when biological and social concepts of paternity correalate, the purpose of the institute of the contestation of paternity is also disclosed, the consistency of jurisprudence, the emergent contradictions in these cases and failures made by courts are considered. Beside this, problems related to the application and interpretation of legal rules, governing the contestation of paternity, are identified and assessed as well as it is assessed wether these legal rules are not unduly static and do not reflect the social reality when on the basis of analysis the possible options are suggested as an opportunity to solve some problems. |
