Journal Article

COMPULSORY PHYSICAL EXAMINATIONS FOR ESTABLISHING PARENTAGE

RAINER FRANK

in International Journal of Law, Policy and the Family

Volume 10, issue 2, pages 205-218
Published in print August 1996 | ISSN: 1360-9939
Published online August 1996 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/10.2.205
COMPULSORY PHYSICAL EXAMINATIONS FOR ESTABLISHING PARENTAGE

More Like This

Show all results sharing these subjects:

  • Family Law
  • Marriage and the Family

GO

Show Summary Details

Preview

Today, hereditary issues can be clarified by blood group reports and DNA analyses. However, most legal systems do not permit compulsory physical examinations. Even indirect compulsion by incarceration or monetary fines is rejected e.g. in France and Great Britain. By contrast, § 372a of the German Civil Procedure Code (‘ZPO’) allows persons to be compelled to undergo a physical examination, if necessary, with the aid of the police. This provision goes back to the time of the National Socialists. However, its justification was never seriously scrutinized after 1945. In particular, § 372a ZPO was never criticized as a rule of law perverted by National Socialist ideology. The so-called right to knowledge of genetic descent has greater significance in Germany than in France or Great Britain where case law and legal theory continue to refer to such a right, but interpret it very narrowly as a result of other rights worthy of protection, such as the right to physical integrity. The following article intends to show that ‘true descent’ is traditionally so important in German family law that opposing interests of the affected person himself or third parties which the courts are supposed to weigh are often neglected.

Journal Article.  0 words. 

Subjects: Family Law ; Marriage and the Family

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.