«F. M., P. s/ Desestimación», CÁMARA NACIONAL DE APELACIONES EN LO CRIMINAL Y CORRECCIONAL, CAPITAL FEDERAL, sent. del 5/09/14

SUMARIO.- Alteración del estado civil. Inscripción de hijo. Apellido materno. Desestima la denuncia efectuada por un hombre contra su ex pareja por haber inscripto en el Registro del Estado Civil y Capacidad de las Personas a la hija de ambos, únicamente con el apellido materno. El denunciante sostuvo que al inscribirla con una filiación incompleta, la denunciada alteró el estado civil de la menor y afectó el derecho de la niña a conocer su verdadera identidad. Considera que la inscripción de la niña únicamente con el apellido de la madre y sin consignarse información del progenitor, no constituye en modo alguno la alteración de su identidad en los términos de la normativa penal, pues no consistió en la introducción de datos falsos sino parciales sobre su filiación. Señala que no puede soslayarse que el querellante y la imputada no se encontraban unidos en matrimonio y, por consiguiente, la paternidad el reclamante no puede presumirse iure et de iure, por lo que resultan de aplicación al caso las disposiciones del art. 247 del C. Civ., de los arts. 36 y 38 de la Ley 26.413 -del Registro Civil- y del art. 5 de la Ley del Nombre.

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Fuente: infojus

27 comentarios de “«F. M., P. s/ Desestimación», CÁMARA NACIONAL DE APELACIONES EN LO CRIMINAL Y CORRECCIONAL, CAPITAL FEDERAL, sent. del 5/09/14

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