Direction Of Civil Registry Operation - Updated Standard

Original Language Title: DIRECCION DEL REGISTRO CIVIL FUNCIONAMIENTO - Texto actualizado de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
MUNICIPALITY OF THE CITY OF GOOD AIRES

LEY No. 14.586

DIRECTION OF THE CIVIL REGISTRATION. Operation.

Sanctioned: September 30, 1958.

WHY:

The Senate and the Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force

LEY:

CHAPTER I

ARTICLE 1 - The registration of the civil status of persons in the city of Buenos Aires will be carried out by the Directorate of the Civil Registry of the municipality.

ARTICLE 2 The director of the Civil Registry shall have the title of a lawyer, and the heads of the sections, the lawyer or scribe.

Such officials, upon assuming office, shall oath before the municipal mayor.

ARTICLE 3o - Management resolutions are mandatory for civil registry officials.

If the law enforcement authorities and their hierarchical superiors are subject to legal interpretation, they may be excused from complying with them, in which case the management will arrange the means for them to be effective.

BOOKS

ARTICLE 4o - The records shall be carried in double copy of the same tenor and shall be divided into: (a) births and recognitions; (b) adoptions; (c) marriages; (d) death; (e) inscriptions, without prejudice to those that may be necessary to create.

ARTICLE 5o - The seats will be recorded in binding books, with printed texts as far as possible. The pages will be numbered correlatively.

ARTICLE 6 Each volume shall contain an alphabetical index in which all its seats shall be recorded, taking to effect the first letter of the surname registered; in marriages, the surname of each spouse separately, and in the deaths of a married woman, of both surnames.

ARTICLE 7o - The staff member shall certify at the end of each volume the amount of seats and useful and unused pages and the date of closure.

ARTICLE 8o - The last day of each year the books of the registration will be closed, at the end of the last volume of each book by the corresponding official and the director of the Civil Registry, the number of useful and unused seats and pages containing the different volumes. One copy of each volume will remain in the civil status registry file and another in the general court archive.

ARTICLE 9o - If one of the copies of the books of the registry was lost or destroyed in whole or in part, the address, or the general archive of the courts, if any, shall immediately be made available a copy of the other, by signing the copy of each seat the legally authorized officer in whose charge the monitoring of the work is entrusted.

If the two copies were removed or destroyed, the address of the Civil Registry and the general archive of the courts should be reported within the five-day period of knowing the diversion or destruction of the national judge of first instance of the Capital in turn who will order the reconstruction.

ARTICLE 10. - Registration books may not be delivered to third parties. The officials responsible for their custody are responsible for the destruction or loss of them.

ASIENTS

ARTICLE 11. - All seats shall be recorded in the corresponding books one after the other and in order of date and number, and shall be signed by the appearing and the corresponding official. If any of the summons does not know how to sign, another person may do so on his behalf, with due record.

ARTICLE 12. - The marginal notes shall be referenced or forwarded to the seat that amend, modify or validate and shall bear the signature of the relevant official.

ARTICLE 13. - When you do not reach the margin for the note, you will continue at the foot of the seat. If you still have to continue it will be done at the end of the volume on the pages that will be reserved, leaving the corresponding reference.

ARTICLE 14. - In the seats and marginal notes can be used abbreviations and gloves. The amendments, tested and between lines will be saved at the end of the seat, before signing it, from the handwriting of the corresponding official. No scratches on the seats.

ARTICLE 15. - It may not be expressed in seats, either by note or otherwise, inappropriate statements or which should not be declared under this law.

ARTICLE 16. - The instruments presented for registration and documents to be filed shall be signed by the present and the corresponding official.

ARTICLE 17. - Registration officials may not authorize seats that refer to their persons or relatives within the fourth degree of consanguinity or second degree of affinity.

ARTICLE 18. - The address of the Civil Registry shall hand over to applicants with a legitimate interest proof of the seats in their books, or of their absence, issuing certificates or extracts and testimonies, as established by the relevant regulations, within 3 subsequent working days.

ARTICLE 19. - No proof extracted from another registry that the civil state may be brought to trial to prove facts that must have been recorded in it, except as provided in special laws.

CHAPTER II

DEVELOPMENTS

From the seats of the Births Books

ARTICLE 20. - They will settle in the book of births:

1st. All those in the city of Buenos Aires.

2°. Those who occur in national territory if the parents have their domicile in the city of Buenos Aires.

3°. Those whose registration is ordered by competent judge, even if the birth had not occurred in the city of Buenos Aires.

4°. Sentences on membership and adoption referred to other seats in this registry, and recognitions.

5°. Those that occur on Argentine flag ships or aircraft when the immediate port of arrival was the city of Buenos Aires.

6.° Sentences declaring the reopening of those declared absent with presumption of death.

ARTICLE 21. - Birth documents that occurred outside the city of Buenos Aires may be registered at the request of the interested party, provided that they conform to the legal provisions in force.

Declaration of violations

ARTICLE 22. - Within five working days of birth, a statement must be made to the relevant section, accompanied by a certificate from the intervening physician or midwife who certifies having seen the birth and date alive, and place and time of birth; the name to be given to the birth and its affiliation must also be given.

ARTICLE 23. - The regulation shall establish the means of identification of the newborn and the requirements for such identification.

ARTICLE 24. - If the birth occurs without the intervention of a doctor or midwife, the testimony of two witnesses who have seen the birth shall be sufficient, who shall sign the respective seat together with the declarant.

ARTICLE 25. - In the case of article 20, paragraph 5, the authority responsible for keeping the record of the events that occurred on board must make a copy of the corresponding seat available to the civil status registry within five working days of the arrival.

WHERE ARE WE GOING TO THIRD

ARTICLE 26. - The term set forth in article 22, and before twenty working days after birth, the address of the registry may authorize the registration of the seat, provided that the certificate of the doctor or midwife involved in the delivery is accompanied. The latter ' s registration may only be effected by court.

PERSONS OBLIGED TO EFFECT THE DECLARATION

ARTICLE 27. - If it were marriageable children, the father, and in his absence or absence of him, the mother, and in his absence, the closest relative in the place, shall be obliged to make the birth statement to the registry office by himself or by another person.

ARTICLE 28. - When the birth of an extramatrimonial child occurs, or whose filiation is ignored, the parent who recognizes it, or in its absence the doctor or midwife who has attended the birth, or the person in whose house the birth took place, shall be obliged to declare the fact to the registry within five working days.

ARTICLE 29. - Births occurring in hospitals, hospices, sanatoriums, prisons or other similar establishments shall be declared by their respective administrators, by themselves or by other

ARTICLE 30. - The administrators of establishments where a newborn has been exposed, and in general any person who finds a creature in such conditions, shall be obliged to denounce the act before the police authority, which in turn must declare the birth before the registry of the civil state.

The corresponding seat shall be lifted with the place and date of birth which shall establish the certificate of the doctor to examine it.

In the event that the birth is not determined, it shall be taken as a place of birth that the birth has been found, and as a date, the average between the nearest and nearest date to be determined by the medical report.

NACIDOS DEAD

ARTICLE 31. - If the doctor or midwife certificate suggests that the person has been born without life, the seat will be recorded in the death book. If the certificate arises that it is born alive, even if it dies immediately, both facts will be recorded in the corresponding books of birth and death.

ACCOUNTS

ARTICLE 32. - In the birth seats will be recorded:

1st. The name given to the born.

2°. Sex.

3°. Date, time and place of birth.

4°. Name and surname of the father and mother and number of the respective identity documents. In the event that they do not have an identity document, it must be recorded.

5°. Name and surname of the doctor or midwife who issues the corresponding certificate.

6°. Name and surname of the declarant and number of his identity document. In the event that it does not have an identity document, it must be recorded.

ARTICLE 33. - If the person who makes the declaration of birth or recognition has no identity documents, he or she shall be accredited by the testimony of two persons who possess it, who shall sign, together with the declarant, the respective seat.

ARTICLE 34. - If they are extramarital children, no mention shall be made of either the father or the mother unless the mother or the latter recognize him before the corresponding official.

ARTICLE 35. - If more than one child is born alive in the same birth, the births will be recorded in separate and followed seats, being recorded in each of them that other creatures were born from that birth.

CONCERNING EXTRAMATRIMONAL CHILDREN

ARTICLE 36. - Recognition of extramarital children shall be made by extending the seat provided for in article 32, with marginal notes on the same seat and on the birth seat.

In the event of the impossibility of the persons concerned to register the civil status, the recognition may be recorded in the place where they are located.

ARTICLE 37. - Recognition of children made prior to marriage, at the event of their celebration or within two months thereafter, shall be noted to be marginal in the corresponding seats.

ARTICLE 38. - If the birth is not registered, the corresponding official shall communicate the recognition within five working days to the Directorate of the Civil Registry.

ARTICLE 39. - Judges before whom the recognition of extramarital children is made and the scribes who extend the writings of this class shall, within the term set by the previous article and for its purposes, send copies of such documents to the Directorate of the Civil Registry, the same regarding enforceable rulings on filiation.

OF THE NACID

ARTICLE 40. - (Article 24 of the Act No. 18,248 B.O. 24/06/1969)

ARTICLE 41. - (Article 24 of the Act No. 18,248 B.O. 24/06/1969)

ARTICLE 42. - (Article 24 of the Act No. 18,248 B.O. 24/06/1969)

ARTICLE 43. - (Article 24 of the Act No. 18,248 B.O. 24/06/1969)

CHAPTER III

MATRIMONIES

Seats in Marriage Books

ARTICLE 44. - They must settle in the book of marriage:

1st. Those who are held in the city of Buenos Aires.

2°. Those whose registration is ordered by a competent judge.

3°. Executory judgements declaring the nullity of marriage or decreeing divorce.

ARTICLE 45. - Marriage documents, held outside the city of Buenos Aires, may be registered at the request of the interested party, provided that they conform to the legal provisions in force.

ARTICLE 46. - Marriage shall be held in the manner established by the law of civil marriage, by virtue of which the spouses are required to submit the necessary documentation to the Directorate of Civil Registration in advance of the regulation.

ARTICLE 47. - In the case of a previous marriage, annulled or disbanded by a court or affecting a declaration of absence with presumption of death, these circumstances should be justified by the respective document, which shall be filed under the number of the marriage seat.

ARTICLE 48. - In the cases of article 10 of the Civil Marriage Act, the authorisation provided for may be presented at the same event or be accredited by an authentic declaration.

ARTICLE 49. - The marriage seats shall include, in addition to the requirements of the civil marriage law:

1st. Number of the identity document of the contras and others involved in the act if they have them.

2°. If there has been a previous marriage, annulled, dissolved judicially or affected by a declaration of absence with the presumption of death, the date of the respective judgement and the name of the judge who gave it shall be set.

ARTICLE 50. - In cases where one or both spouses ignore the national language they must be assisted by a registered public translator, and if not, by which the judge appoints, leaving in all cases record in the seat.

CHAPTER IV

DEFUNTIONS

From the seats of death books

ARTICLE 51. - They must settle in the book of death:

1st. The ones that happen in the city of Buenos Aires.

2°. Those whose registration is ordered by a competent judge.

3°. Judgements on presumption of death.

4°. Those that occur on Argentine flag ships or aircraft when the immediate port of arrival was the city of Buenos Aires.

ARTICLE 52. - Documents of deaths occurring outside the city of Buenos Aires may be registered at the request of the interested party, provided that they conform to the legal provisions in force.

Persons obliged to file a complaint

ARTICLE 53. - The spouse of the deceased, the descendants, the ascendants, the relatives, and, in the absence of them, any person who has seen the body or in whose domicile the death occurred, shall report it by himself or by another, to the registry of the civil state, within 24 hours of the death.

If the death occurred in public or private establishments, the authorities are obliged by themselves or by another to make the complaint.

ARTICLE 54. - The physician who had assisted the deceased in his last illness, and, in the absence of him, any other person required to do so, shall examine the body and extend the death certificate. The name and surname, domicile and sex of the deceased, the cause of death and the day and time in which it took place shall be indicated as soon as possible, if such circumstances are known by third parties.

In the absence of the identity of the deceased, the medical certificate must contain the largest number of data useful for identification. This document will be presented in the formulation of the declaration of death, and in the absence of the declaration of the civil state it will require it on its own motion.

Death seats

ARTICLE 55. - The seat will express as much as possible:

1st. The name, surname, sex, age, nationality, state, profession, domicile and number of the deceased ' s identity card if it exists.

2°. The name and surname of the spouse.

3°. His parents' name and surname.

4°. The disease or immediate cause of death according to the medical certificate will be filed under the same seat number, mentioning the name of its grantor.

5°. Place, date and time of death.

6°. The name, last name, number of the identity document and address of the declarant, if you have it.

Identity of the Death

ARTICLE 56. - If the identity of a deceased person and some authority is ignored, it will then let the registry know to attend the supplementary registration, making reference note in one and the other, sufficient the official communication to carry it out of office.

Death in ships or aircraft

ARTICLE 57. - In the case of article 50, paragraph 4, the authority responsible for keeping the record of the events that occurred on board must make a copy of the corresponding seat available to the civil status registry within five working days of the arrival.

Inhumation

ARTICLE 58. - Cemeteries will not permit the inhumation of any body without the authorization of the civil status registry official and without prior death.

For exception and for reasons of urgency and practical impossibility of registering the seat, the inhumation license will be extended, with the medical certificate being credited with death. The seat shall be extended within 48 hours, and the staff member shall be empowered to bring the persons required by this law to report the death by force.

ARTICLE 59. - Inhumation may not be done within 12 hours of death, nor may it be delayed by more than 36 hours, except as provided by the competent authority.

ARTICLE 60. - If the medical report or other circumstances arise suspicion that the death has been caused as a result of a crime, the official shall notify the judicial or police authority, and shall not issue the inhumation license without a certificate of official physician.

ARTICLE 61. - In the event of illness that concerns the state of health, the official shall immediately notify the competent authority of this circumstance and must grant the inhumation license.

CHAPTER V

OF INSCRIPTION BOOKS

ARTICLE 62. - The inscriptions made in the corresponding books shall be made, either by conferring on the essential data contained in the documents inscribed, seeking, as far as possible, to establish all those enumerated in articles 32, 48 and 54 of this Act, either by transcribing the court ruling ordering registration in its operative part.

ARTICLE 63. - The items inscribed in this civil status registry may be rectified, and the address must be communicated within five working days to the place of the original seat of the rectified item, for the respective annotation.

Corrections communicated by the competent provincial authorities shall be registered in the registry.

ARTICLE 64. - The registration of foreign items will be made in the corresponding books, with full transcript of the document and the legalization and translations, carried out by duly authorized public translator. All this without prejudice to the validity or not of the act referred to in accordance with the laws of the Nation and those of the country of origin.

CHAPTER VI

ADOPTIONS

ARTICLE 65. - Adoptions and their revocation shall be inscribed with an operative transcript of the sentence with marginal annotations in the seat of the birth of the adopted.

CHAPTER VII

OF THE RECTIFICATIONS AND ADDITIONS

Competition, procedure and registration

ARTICLE 66. - Seats may only be rectified by court order except for the exceptions provided for in this Act.

It will be a competent judge of the place where the original seat intends to be rectified or that of the applicant's home.

The procedure will be summary, with the participation of public ministries.

ARTICLE 67. - In all judicial proceedings before the Capital Courts to modify or rectify the seat of the registry, the Directorate of the Civil Registry shall be heard before the judgement is rendered.

ARTICLE 68. - Within eight working days of consenting to a court ruling on the rectification of a registry seat, an office shall be forwarded to the Directorate of Civil Registry. The operative part of the sentence should be transcribed and the corrected seats should be specified, with full names, section, volume, year and number.

The Directorate of the Civil Registry shall insert the relevant parts of the judicial resolution into the seat, extending the corresponding marginal notes.

ARTICLE 69. - When the Directorate of the Civil Registry checks the existence of omissions or material errors in the seats of its books that are evident from the text itself or from its collection with public instruments, it shall proceed on its own initiative or at the request of the interested party to carry out the necessary procedures for its rectification with express mention of its foundations and archive of the documentation that has been held as an element of conviction.

ARTICLE 70. - In cases where the judicial intervention is necessary to correct the seats of the civil status registry books, the address is entitled to make the corresponding benefits.

ARTICLE 71. - Rectified or added a seat shall not be able to testify or certify it without the same circumstance.

CHAPTER VIII

GENERAL CARACTER PROVISIONS

ARTICLE 72. - In all cases where the staff member deems it necessary, he shall be entitled to personally verify the accuracy of the statements made, prior to registration of the relevant seat.

ARTICLE 73. - The relevant official shall be entitled to direct recourse to the assistance of the public force when necessary for the fulfilment of the emerging obligations of this law.

ARTICLE 74. - The address is empowered to destroy within the time limit set out in the respective regulations, the documents that have served as the basis for the opening of the seats, provided that they are not essential to their validity; this period may not be less than 5 years.

CHAPTER IX

TASAS

ARTICLE 75. - The rates of services provided by civil status registration and documents issued shall be set by tax laws and ordinances.

The solemnly or notoriously poor shall be exempt from the payment of these rights, as well as when establishing special laws and ordinances.

ARTICLE 76. - Submissions and citations that require compliance with this law shall be free of postage.

CHAPTER X

LEGAL REGIME

ARTICLE 77. - Any person who does not commit a crime contravenes the present law, by doing what it prohibits, either by omitting what orders or already by preventing another from complying with his or her provisions, shall be repressed with a fine of 50 to 500 pesos national currency, or, failing that, with arrest of 3 to 30 days.

ARTICLE 78. - This law shall begin to govern from 1 January 1959.

ARTICLE 79. - Defrost all provisions that are contrary to this law.

ARTICLE 80. - Contact the Executive.

Given in the meeting room of the Argentine Congress in Buenos Aires, 30 September 1958.

B. GUZMAN F. E. MONJARDIN
Noe Jitrik Eduardo T. Oliver

Registered under No. 14.586

Approved by the Executive Power under Article 70 of the National Constitution