Effets « pernicieux » de la paternité légitime marocaine en Espagne : une question à résoudre

Abstract

“Perverse” effects of the moroccan legitimate filiation in Spain: An issue to resolve

Abstract: In the Moroccan system, the legal protection of the child depends on the legitimacy of the filiation. It is mainly the parents’ Muslim marriage that allows establishing the recognition of the filiation (sons of al firach), but there are other ways of establishing a filiation such as: - the recognition of paternity (Istilhak in arts. 160 to 162 of the Moroccan Family code MFC), - Sexual relations by mistake (shubha in art. 155 MFC), - children whose parents were not able to have their marriage recognized or who entered into unions abroad in accordance with a local Law (art. 16 MFC) and for whom the Moroccan Government just extended the deadline for recognition procedures, - children born from official engagements.

To resolve the problems concerning children born from extramarital relationships, we will demonstrate how these two last recognition proceedings offer solutions to establishing the Spanish Moroccan filiation. However, it is important to assess the “perverse” effects contained in them.

Keywords: Legitimate and illegitimate filiation in Morocco, barriers to the claims or disputes regarding the Spanish Moroccan filiation, "perverse" effects of the Moroccan legitimate paternity in Spain.