Facts
L, born on June 6, 1950, was recognized as a natural child with simple financial effects of CD by a judgment of 1953. In 1976, the natural father deposited a holographic will in which he instituted his sisters AD and RD as his universal heirs. RD predeceased her brother, who in turn died in 1994. L, considering himself an heir, opposed the release of the certificate of inheritance and sued AD, requesting the recognition of his status as heir, the restitution of the estate assets, and the reduction of the testamentary provisions.
The Pretore (Magistrate) granted the petition, recognizing the plaintiff as an heir and reducing the testamentary provisions. However, the Cantonal Court of Appeal of Ticino annulled the judgment of the court of first instance and dismissed the petition. L appealed to the Federal Tribunal, requesting the annulment of the appeal judgment.
Considerations
The Federal Tribunal dismissed the appeal. It noted that, at the time of the plaintiff's birth and until the introduction of the new law on filiation in 1978, the Civil Code recognized the so-called "tax paternity", of a merely maintenance nature, which did not create any family ties or succession rights. The plaintiff admits that the paternity of the deceased towards him was of a tax nature, and therefore did not determine any filial relationship and cannot give rise to intestate succession rights.
The Federal Tribunal noted that, to regulate such cases, the legislator has adopted…