PIL.OT / DEVELOPMENT
PIL.OTv0.62.2
M. Gebauer addresses the recognition in Italy of a German parentage judgment establishing the deceased’s paternity after death, although the other heirs did not participate in the German proceedings. The central question is whether that difference in participation made refusal of recognition necessary on right-to-be-heard or public-policy grounds.
The Italian Court of Cassation accepted recognition and treated the difference in participation requirements as a matter of substantive law and of the party interests defined by each legislature. The decision illustrates the limits of public-policy review at the recognition stage and of conflicts-law harmonisation in the face of differences between Member States’ substantive parentage laws.
Whether recognition in Italy of a German post-mortem parentage judgment may be refused on right-to-be-heard or public-policy grounds because the other heirs did not participate in the German proceedings
The commentary shows how differences between Member States’ rules on heirs’ participation may bear on public-policy objections at the recognition stage for a foreign parentage judgment. The Italian Court of Cassation’s approach treats an apparently procedural difference together with its substantive-law implications and leaves intact the diversity of Member States’ parentage laws.
IPRax · 2026
Publication ID Heft 5/2026 (September 2026) · 476
M. Gebauer, “Deutsche Elternschaftsfeststellung auf dem Prüfstand italienischer Anerkennungsversagungsgründe”, IPRax, 2026-09-01, Heft 5/2026 (September 2026) · 476. https://www.iprax.de/de/inhalte/#iprax-Heft%205%2F2026%20(September%202026)%20%C2%B7%20476