Abstract

KLUGER, Viviana. Entre la sombra y la luz: Los hijos ilegítimos en las tesis doctorales de la Universidad de Buenos Aires (1871-1888). Rev. hist. derecho [online]. 2016, n.51, pp.73-104. ISSN 1853-1784.

In 1871, a new civil code began to be applied in the Argentine Republic that, partly following Castilian roots, divided illegitimate children into the categories of "natural", "adulterino", "incestuoso" and "sacrílego". In 1888, the Civil Marriage Law repealed the provisions relating to "hijos sacrílegos" contained in the Civil Code. Between 1871 and 1888, concerns were voiced in some doctoral theses presented at the University of Buenos Aires , over punishing children for their parents' actions. Others aimed to make parents responsible for their children and promote solutions in order to improve illegitimate children's legal status. This work explores the different issues raised in the theses, such as the regulation of illegitimate filiation in the Code, the different kinds of  illegitimate children, the actions to establish paternity, standing to bring an action, duties and rights arising from the "filiación natural", the students' opinions, some methodological aspects, and the calls for reform, among other issues.

Keywords : Illegitimate children -Doctoral theses  - University of Buenos Aires.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )