Ley aplicable a la filiación por naturaleza: de la ley nacional a la ley de la residencia habitual del hijo

Abstract

This study deals with different aspects of Article 9.4 first paragraph of the Spanish civil Code after the new wording given by Act 26/2015, of July 28th, modifying the system of protection of children and adolescence. The analysis allows to discover that this conflict rule has given preference to the habitual residence of the son on his nationality as a connecting factor. This criterion is correct from a constitutional standpoint and from an efficiency perspective. Habitual residence leads to apply a law that ensures the sound administration of justice and reduced costs for the parties involved. The work also explores the materially oriented character of the above mentioned Article 9.4 when setting the law applicable to the determination of parentage.