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NeCede's

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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