Piercing the Iron Curtain Rule in Interstate Succession: A Due Process Approach/
Lazo, Hilton A.
Piercing the Iron Curtain Rule in Interstate Succession: A Due Process Approach/ by Hilton A. Lazo - Diliman, Quezon City, Philippines: University of the Philippines College of Law - 39 pages - Quarterly - April 2018 - Philippine Law Journal Vol.91, No.2 (April 2018) 0031-7721 . - Vol.91, No.2 (April 2018) 0031-7721 .
This note introduces the irrebuttable presumption analysis as a new viable constitutional framework for judicial review to the "iron curtain rule." Using the framework, it is suggested that the rule should be viewed as a conclusive presumption of enmity that bars succession between an illegitimate child and her parents' legitimate relatives, but should give way to contrary evidence to vouchsafe a litigant's right to a meaningful participation in the judicial process.
0031-7721
Illegitimacy - Due process of law
BPer. 340 / P538
Piercing the Iron Curtain Rule in Interstate Succession: A Due Process Approach/ by Hilton A. Lazo - Diliman, Quezon City, Philippines: University of the Philippines College of Law - 39 pages - Quarterly - April 2018 - Philippine Law Journal Vol.91, No.2 (April 2018) 0031-7721 . - Vol.91, No.2 (April 2018) 0031-7721 .
This note introduces the irrebuttable presumption analysis as a new viable constitutional framework for judicial review to the "iron curtain rule." Using the framework, it is suggested that the rule should be viewed as a conclusive presumption of enmity that bars succession between an illegitimate child and her parents' legitimate relatives, but should give way to contrary evidence to vouchsafe a litigant's right to a meaningful participation in the judicial process.
0031-7721
Illegitimacy - Due process of law
BPer. 340 / P538