(In)admissibilidade dos prazos para a proposição da ação de investigação da paternidade

: a encruzilhada do artigo 1817.º do código civil

Abstract

Does it (still) make sense to have time limits for the institution of a paternity investigation action? Taking this question as a starting point, we intend, with the present study, to explore the several doctrinal opinions and the divergent case-law decisions concerning the (in)admissibility of the limitation periods set forth in Article 1817 of the Portuguese Civil Code, which have contributed to an intense and ongoing legal debate, that currently appears to have led us to a crossroads. In view of the controversy surrounding the current wording of the provision, the research analyses the possible solutions available to the Portuguese legislator considering three paths – maintaining, extending or abolishing the aforementioned time limits –, with the aim of reaching the best one to follow in order to (attempt to) resolve the dispute. This process highlighted the clear need for a legislative amendment that aligns with the current social conceptions and the fundamental rights to establish a family, to personal identity, to the free development of personality and to know genetic origins.

Date of Award	21 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Marta Rosas (Supervisor)