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Judgments: Father does not have to be called a child father repeatedly

Judgments: Father does not have to be called a child father repeatedly



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Munich District Court: Mother has violated personal rights
A claim is not made more true by constant repetition, the popular saying. However, it can become a personal injury, the Munich District Court ruled in a judgment announced on Friday, September 30, 2016 (file number: 161 C 31397/15). There was a lawsuit against a man from Saudi Arabia against a Munich woman who publicly claimed several times that he was the father of her daughter.

The two met in Munich in 2011, and in 2012 the woman gave birth to a daughter. In the period that followed, the Munich woman repeatedly claimed that the man from Saudi Arabia was the father. On social media, she published pictures of the man and pictures of her daughter, which she subtitled "Daughter of (name)".

However, the Saudi denies being the girl's father. The mother's constant assertion to the contrary violates his personal rights.

In response to his complaint, the Munich District Court now ruled that the woman may not repeat her claim and may no longer publish photos of the man. She has to revoke her claim on social media.

The district court stated that the allegation that the Saudi was the father was a factual allegation. In the event of a dispute, proof of this must be provided by the Munich woman who made the claim. However, it did not provide such proof.

However, the claim affects the privacy of the man. This outweighs the Munich woman's freedom of expression. Because there is no public interest in spreading the allegation of paternity. Since the mother has made this claim publicly several times, the Saudi must also assume that she would continue to do so without a prohibition order.

In any case, the Munich woman was only allowed to publish photos of the man with his consent. But that way she violated his right to his own picture.

Overall, everyone can "decide for themselves when and within what limit personal facts are revealed," the district court quoted from a decision by the Federal Constitutional Court. The judgment of April 12, 2016, which has now been announced, has now become final. mwo / fle

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