Detalhes bibliográficos
Ano de defesa: |
2016 |
Autor(a) principal: |
Nogueira, Luíza Souto
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Orientador(a): |
Rodrigues, Oswaldo Peregrina |
Banca de defesa: |
Não Informado pela instituição |
Tipo de documento: |
Dissertação
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Tipo de acesso: |
Acesso aberto |
Idioma: |
por |
Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
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Departamento: |
Faculdade de Direito
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País: |
BR
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Palavras-chave em Português: |
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Palavras-chave em Inglês: |
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Área do conhecimento CNPq: |
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Link de acesso: |
https://tede2.pucsp.br/handle/handle/7010
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Resumo: |
The dissertation titled CHILD SUPPORT ORIGINATED ON GENETIC ASCENDANCY aims to answer whether it is possible to make the genetic ascendant accountable to provide child support to his descendant when he has constituted a paternalmaternal- filial bond with another person due to a consensual adoption or an affection affiliated bond. From the analysis of the principles governing family law it is sought to establish an interpretation course of the legal norms, applicable to this field, since the legal protection of family relationships is endowed with a series of peculiarities. In addressing the concept of filiation and its modalities resulting from both the adoption and the affection affiliated bond, it has been established the understanding that the paternal-maternal-filial relationship bond does not result from consanguinity, but from affection and the willingness to establish it. Going through the elements of the child support obligation, it was possible to understand its importance on warranting human dignity of whoever depends on receiving this benefit. It was also considered the concept of child support fatherhood and how it has been understood by the legal community who took the opportunity to deal on this subject. Finally, from an interrelation between civil responsibility and the act of delivering for adoption or to abandon, it has been possible to understand that, in having a damage resulting from such conduct, there will be civil liability for the biological parent, who may be required to provide child support to whoever he has generated, but has not taken as a son |