Maxim 1.5.74
Affiliation cannot be proved.
Filiatio non potest probari.
Source: Co. Litt. 126; Jackson
Difficulty 1/5 — Foundational
Explanation
At common law, paternity could not be directly proved by physical evidence — the law therefore relied on the presumption that a child born in wedlock is the child of the husband.
Where this applies
- A paternity dispute arises and there is no direct evidence of who the father is.
- Someone claims to be the father of a child born during a marriage to another man.
Legal domains
Cite this maxim
NeCede Max. 1.5.74 — Affiliation cannot be proved. — Co. Litt. 126; Jackson (Filiatio non potest probari.)
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