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Claudia Báez Sierra v. v. Juliano Dinamarca Henríquez

Case No. 461-01 (2002)

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Claudia Báez Sierra v. v. Juliano Dinamarca Henríquez

Chile Supreme Court
Case No. 461-01 (2002)

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Facts

Claudia Báez Sierra (plaintiff) filed a paternity suit against Juliano Dinamarca Henríquez (defendant). In her complaint, Báez Sierra only alleged that she had a relationship with Dinamarca Henríquez and attached the child’s birth certificate. The complaint did not contain any other details regarding circumstances that would support Dinamarca Henríquez’s paternity. In fact, Báez Sierra admitted that Dinamarca Henríquez denied paternity. The lower court initially gave Báez Sierra leave to serve the complaint but later, on the court’s own initiative, ex proprio motu, dismissed the complaint for failure to allege sufficient facts to make a plausible claim. Báez Sierra appealed to the court of appeals, which affirmed the dismissal, and she then appealed to the Chile Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Fernandez Richard, J.)

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