Common Law Partnership and the Presumption of Paternity in Peru

The purpose of this book is to show the legal grounds for the recognition of the presumption of paternity in the de facto union in the Peruvian legal system. Our civil legal system presents normative gaps in the regulation of the presumption of paternity in the de facto union; leaving these families and especially the sons and daughters of the cohabitants unprotected and defenseless; therefore, constitutional principles must be resorted to in order to protect their rights. The principles that will allow the application of the presumption of paternity in cohabiting families are: Principles of equality, integrity, the best interest of the child and the protection of the family; the caules constitute the legal foundations for the recognition of the presumption of paternity in the de facto union in the scope of the Peruvian legal system; even taking into account the family dynamics and the family status could determine the filiation of the children of cohabitants; and avoid resorting to a filiation process where children and adolescents have to be submitted to a DNA test.