The celebration abroad of gestational surrogacy agreements and the attempt to register the filiation derived from such contracts raises a conflict between the expectations of the intended parents and the desire of the State to preserve its own legal system. In these cases it has been wanted to see an inevitable confrontation between public-policy rules and the child's best interest, as antagonistic concepts, and the assignment of paternity and motherhood has been proposed based on a certain vision of the child's interest, which would lead to the in application of the own rules on determination of filiation. The article examines the relationship between both concepts and argues that the best interest of the child is part of public-policy and that its defence involves respect for the fundamental rights of the child, which is achieved mainly through the correct application of the rules on determination of filiation and adoption.

There have been many reforms made by the Foral Law 21/2019 in the regional law Nuevo. The present article deals with the main ones carried out in subject of inheritance law, where the characteristic freedom of disposition at degree scroll lucrative characteristic of Navarrese Law has been maintained but, at the same time, it has been definitively detached from the patrimonial organisation of the family required subject and the preservation of the unity and continuity of the House. The result is a reorganisation of the inheritance institutions that combines the preservation of many of them ¿with touches and updates of varying depth¿, with the displacement of others and even with the suppression of some of historical relevance in Navarrese law, now replaced by a new regulation that, like the reform as a whole, deserves to be studied in detail. Palabras core topic: Unity of the House. Testamentary capacity. Testamentary capacity. Legitimacy. Maintenance obligations. Usufruct of widowhood. Legal succession. Stable couples.

The Navarrese Civil Law was historically built on a hierarchical family model based on the male, with the consequent exclusion of women, as reflected in the 1973 Compilation. The Spanish Constitution made it necessary to rethink family law at core topic constitutional and to purge the Compilation of rules that discriminated on the grounds of sex, which was done in 1987 by means of a foral law that brought women out of the shadows to which they were relegated, to give them visibility - perhaps incomplete - in accordance with their dignity and the new social reality.

Constitutional Court Ruling 41/2017, of 24 April, declared the unconstitutionality of law 71 letter b/ of the regional law Nuevo de Navarra, granting a deadline of one year for its modification. By Foral Law 9/2018, of 17 May, the Parliament of Navarre has C the reform of the Navarrese regime in subject of filiation, which aims to respond to the demand of the Constitutional Court for a better balance between the interests present in subject of filiation, allowing the parent to judicially claim his or her paternity. The provincial legislator has not limited itself to modifying the precept in question, but has reformed the system of filiation, altering the regulation of recognition, of the actions of contestation and claim, and of the effects of judicially determined filiation. All of the above designs a new legal framework of filiation that is more respectful of the rights of the parent but at the same time focused on the best interests of the child, satisfying the demands of the Constitutional Court with a solution that, nevertheless, was not the only one possible and that may not always be the most effective. Words core topic Extra-marital filiation Constitutional doctrine ¿ Balance of interests ¿ Standing to bring proceedings ¿ Best interests of the child ¿

The increase in mechanisms for the protection of same-sex cohabitation by national legislations has been accompanied by a change in the doctrine of the European Court of Human Rights, which has recognised that such stable cohabitation is included in the concept of family life and that marriage between persons of the same sex fits within the right enshrined in article 12 of agreement. In the model of marriage present in the civil codes and in the international texts of the middle of the last century, the individual interest of people in constituting a community of family life converged with the public interest in ensuring generational succession and in having a framework for the socialisation and Education of children. Following the Charter of Fundamental Rights of the European Union and the judgment of the European Court of Human Rights in the Schalk and Kopf v. Austria case, the absolute predominance of the individual interest of the spouses or the members of the stable union has been established, with these models of cohabitation serving to protect their dignity and individual freedom, as well as the free development of their personality. The presence of a public interest in the regulation and protection of both forms of cohabitation is completely obscured. For this reason, it is striking that other models of cohabitation are excluded from this protection and from access to these institutions, in which it is

The present work analyses how to determine filiation in those cases in which, as a consequence of a medical error, a woman gives birth to a child that genetically belongs to another couple. In the absence of a surrogacy contract and in the absence of a procreation desired as heterologous, the simple application of the rule according to which maternity is determined by childbirth is questionable, and the logical legal vacuum must be filled by means of the resource principle of biological truth that animates the codified regulation and, in particular, by placing value on the specific will present in the consent prior to the medical act.