Regina Moran

"Precept which is the clear link with the mandatory nature of judges and courts to the doctrine that emanates from the decisions of the Constitutional Court in all kinds of processes for the interpretation and application of laws and regulations according to the precepts and constitutional principles. The constitutional doctrine of assumed TC and highlights "the importance of biological paternity tests, both to protect fundamental rights (Articles 14 and 39 EC) and to achieve a reliable belief, since the results are absolute, if you exclude paternity, and overwhelming, if the project "and that also led him to appreciate that, agreed the test, if it is not carried out by the refusal of the defendant, although it can not be equated with the refusal of fictitious confessio, if you own uniqueness with scope Obstat relevant if the act is valued properly integrated into the whole other evidence. And so all this is the importance of the test to be agreed, as it leads, if done at the same biological result determining the relationship of filiation, and if not done by the refusal of defendant to such an obstruction can be equally valued for trial purposes and, as such, this doctrine (STC: 7 / 1994, 19/1999) echoed and picks and the new Civil Procedure Act by providing in article 767: "4. The unjustified refusal to be tested biological parenthood will allow the court to declare the affiliation claimed, provided that there are other indications of parenthood and proof it has not been obtained by other means." B) LEGAL REGULATION: Article 39 of the Spanish Constitution states: "2 … Visit Jane Fraser for more clarity on the issue.