Pochodzenie dziecka a exceptio plurium concumbentium jako jeden ze sposobów obalenia domniemania ojcostwa pozamałżeńskiego

Abstract

Issues related to the charge of plurium concumbentium may lead to many doubts, for it has not only its legal, but also a moral and social aspect. It is obvious that since humanity exists, there is always and will remain a current problem of children born out of wedlock. Th us, it is obvious that establishing the paternity of an illegitimate child is necessary in order to determine its origin and legal status in Polish family law. Th erefore, the discussion starts with an analysis of the concept of both biological and legal paternity. Th e purpose of this was to submit to analysis issues related to the presumption of paternity out of wedlock, as well as the charge of plurium concumbentium, as one way to rebut the presumption of paternity out of wedlock. Th e consequence of the analysis of the plea of plurium concumbentium was thus the identifi cation of ways to rebut the presumption of paternity out of wedlock, the practical possibilities of using the plea of plurium concumbentium by the defendant in the process of paternity and an indication of the problem of diffi culty in exercising by the defendant, the provision of art. 85 § 2 of the Family and Guardianship Code by means of subjective transformation of a claim.