Cuando la realidad supera la norma: gestación por sustitución y filiación post mortem. Los efectos de su omisión
The new Civil and Commercial Code of Argentina, built on the basis of the opinion of legal experts on international human rights law, has been presented as a Code grounded on the principles of equality and non-discrimination; in short, a Code with a pro homine view on reality. However, the eliminati...
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Main Authors: | , , |
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Format: | Article |
Language: | Spanish |
Published: |
2018
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6522624 |
Source: | Derecho y ciencias sociales, ISSN 1852-2971, Nº. 18, 2018 (Ejemplar dedicado a: Derecho y Ciencias Sociales. Abril 2018), pags. 62-81 |
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Summary: |
The new Civil and Commercial Code of Argentina, built on the basis of the opinion of legal experts on international human rights law, has been presented as a Code grounded on the principles of equality and non-discrimination; in short, a Code with a pro homine view on reality. However, the elimination of two draft bills -surrogacy and post-mortem filiation- meant excluding from the legal framework the contemplation of actual cases, leaving them without legal protection. The purpose of this paper is to take a critical look at the way in which the Draft Civil and Commercial Code of Argentina provided for such legal devices as well as the consequences of eliminating them. Finally, we will analyse the judicial decisions issued after the Code became effective, in order to demonstrate how precedent has come to show the need for the enactment of special laws regulating that subject-matter, turning old a substantive Code which was sanctioned only two years ago. |
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