Discussions concerning the legal nature as well as the registration procedures of civil records
Discutii cu privire la natura juridică si formele procedurale de întocmire a actelor de stare civilă
Author(s): Cristina-Mihaela LupuSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: civil registration records; civil registry officer; public administration authority; technical-material operation; legal nature; birth; death or marriage as legal acts; administrative documents; process of drawing up of the civil registry records
Summary/Abstract: The organization of civil registration records is in charge of the state. Regardless of their legal nature, civil registration is performed, in keeping with current regulations, only by state-run institutions and only in civil formal and official civil registration records. Thus, we have selected for the analysis set forth in the present paper the specific procedures of performing these responsibilities as well as their nature. In keeping with the Methodology no. 1/13.10.1997 for the standard application of the stipulations of Act no. 119/1996 regarding civil registration records, the performance of civil registration responsibilities belongs to the registrars affiliated with the town halls in municipality or its administrative-territorial units, in towns and villages, whereas in county districts and Bucharest, this responsibility belongs to the persons especially appointed from the specialized departments of county councils and, respectively, the Bucharest Town Hall, as well as the Heads of the Diplomatic and Consular Missions of Romania, ship and airship commanders outside the national territory and the army registrars, appointed by a Decision of the Ministry of Defense, abiding by the stipulations of the law. The debate on the legal nature of the civil registry document has stemmed from the fact that the civil registry document is drawn up by a civil officer, a representative of local administration authority, and these public administration authorities are entitled to issue, in their current activity, administrative documents endowed with public authority.
Journal: Acta Universitatis Lucian Blaga. Iurisprudentia
- Issue Year: 2009
- Issue No: 02
- Page Range: 93-103
- Page Count: 11
- Language: Romanian
- Content File-PDF