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  1. 2 Kwartalnik Prawa Prywatnego

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  1. 2 2015

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  1. 2 Wojewoda M.

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Zaświadczenie o stanie cywilnym – nowa konstrukcja w prawie o aktach stanu cywilnego

100%
Wojewoda M.
Kwartalnik Prawa Prywatnego
|
2015
|
vol. 24
|
issue 1
31-56
EN
The new Polish Law on Civil Status Acts dated November 28, 2014, which entered into force on March 1, 2015, was enacted with a view to replacing the traditional system of civil status books with a modern register run in the electronic form. The statute has also introduced a new type of certificate which can be issued on the basis of records to be found in the civil status register, evidencing the civil status of the interested person. The article discusses the prerequisites and the procedure of issuing the certificate, which can initiated only by a motion of the interested person. It also presents the obligatory elements of the certificate, which include name and surname, date and place of birth, sex, marriage status and the parents’ names concerning the person whose civil status is confirmed. The author of the publication explains basic differences between the certificate on civil status and other certificates issued from the register. In this light, the evidentiary value of the document is also discussed. A separate paragraph of the article is devoted to presenting special rules of issuing the certificate in the transitory period, during which the old civil status acts made in the paper form will be transferred to the new electronic register.
2

Zaświadczenie o stanie cywilnym a małżeństwa jednopłciowe i związki partnerskie zawierane za granicą

80%
Wojewoda M.
Kwartalnik Prawa Prywatnego
|
2015
|
vol. 24
|
issue 3
693-725
EN
The new Polish Law on Civil Status Acts of November 28, 2014 has introduced a novel type of certificate issued on the basis of records to be found in the civil status register. The certificate of civil status, envisaged in Art. 44 and 49 of the new statute, is a single document which is meant to present all elements of civil status of an individual. It is clear, though, that the most important role of the certificate consists in giving official evidence of the marital status of an interested person. Accordingly, as the author argues, the certificate of civil status is an instrument which can be used to simplify the procedures of entering abroad into a homosexual marriage or a registered partnership, which are not known under Polish law. The article also explains why it is not possible to issue, in these situations, a certificate on marital capability – a document envisaged in Art. 83 of the Law on Civil Status Acts, which is reserved exclusively for persons planning a traditional (heterosexual) marriage abroad. A significant part of the article is devoted to discussing the possibility and potential benefits of recording, in the Polish civil status register, information on foreign unions – mostly homosexual – which are not known under Polish law. The author strongly supports such recording whenever, under applicable law, entering into a given union entails the prohibition of bigamy. The best technical way of recording this type of information in the Polish register seems to be an annotation made next to the birth certificate on the basis of Art. 25 of the Law on Civil Status Acts.
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