ANAK LUAR KAWIN, TERKAIT HAK WARIS YANG DIMILIKINYA BERDASARKAN KITAB UNDANG-UNDANG HUKUM PERDATA

Authors

  • Nurhimmi Falahiyati Universitas Al Washliyah Medan

Keywords:

The child outside of marriage, inheritance rights, child recognition.

Abstract

The rights and position of the child outside of marriage is highly anticipated the clarity of his status in view of the fact that every person needs a legal status against him.The children outside marriage based on article 43 The law of marriage only has a civil relationship with her mother and her family only. As a result, the outsider will only get the inheritance rights of her mother and mother's family, including the child's upbringing responsibilities.  It felt unfair because to produce child there must be the role of men as his biological father.To obtain the status of having a legal relationship between the father and the child outside the marriage must be recognized by his biological father, then there will be reciprocal obligations between  the child outside the marriageand their parents.This relationship includes in terms of livelihood, guardianship, marriage permits, as well as inheritance rights.Theamount of the inheritance rights of a child outside of marriage recognized as valid under Article 863 of the Civil Code.

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Published

2018-01-06

Issue

Section

Articles