THE AUTONOMY OF THE WILL IN THE RELATIONS BETWEEN PROGENITORS AND CHILDREN

Abstract

Within the framework of current family law, it is examined whether the principle of autonomy of will in relations between parents and children is embodied in the new Civil and Commercial Code of the Nation, and if this harmonizes with the provisions of the National Constitution and international human rights treaties. We analyze two institutions: filiation and parental responsibility. First, we describe how these institutions evolved until the entry into force of the new Civil and Commercial Code of the Nation, to delimit the contributions that the new legislation grants to the community in response to the constitutional mandates, to conclude that it becomes operational the constitutional principle of autonomy of the will. Finally, the reception of this principle in national and international doctrine and jurisprudence is investigated.