Correction Of Civil Status Acts
LexInter | July 9, 2015 | 0 Comments

Correction Of Civil Status Acts

NEW CODE OF CIVIL PROCEDURE

Section I: Rectification of civil status documents

Article 1046

(Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
(Decree nº 93-1091 of September 16, 1993 art. 1 Official Journal of September 17, 1993)

The request for rectification of an act of civil status is presented either to the president of the tribunal de grande instance in whose jurisdiction the act was drawn up or transcribed, or to the president of the tribunal de grande instance of the place where the person resides. interested.

Article 1047

(Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
(Decree nº 93-1091 of September 16, 1993 art. 1 Official Journal of September 17, 1993)

The request for rectification of declarative or supplementary judgments of civil status documents is presented either to the high court which rendered the judgment, or to the one in whose jurisdiction the judgment was transcribed, or to the one where the judgment resides. ‘interested.

Article 1048

(Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
(Decree nº 93-1091 of September 16, 1993 art. 1 Official Journal of September 17, 1993)

When the person concerned remains outside France, he can also apply, as the case may be, to the president of the Paris tribunal de grande instance or to this tribunal.

Article 1048-1

(Decree nº 85-1330 of December 17, 1985 art. 16 Official Journal of December 18, 1985 in force on January 1, 1986)
(Decree nº 93-1091 of September 16, 1993, art. 1 and 4 Official Journal of September 17, 1993)

The request for rectification of civil status documents held by the central civil status service of the Ministry of Foreign Affairs is presented to the president of the high court of the place where this service is established.

Article 1048-2

(Decree nº 85-1330 of December 17, 1985 art. 16 Official Journal of December 18, 1985 in force on January 1, 1986)
(Decree nº 93-1091 of September 16, 1993 art. 1 Official Journal of September 17, 1993)

The request for rectification of documents in lieu of civil status documents for a refugee or a stateless person is presented to the president of the Paris Tribunal de Grande Instance.

Article 1049

(Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
(Decree nº 93-1091 of September 16, 1993 art. 1 Official Journal of September 17, 1993)

The president or the court with territorial jurisdiction to order the rectification of an act or judgment is also competent to prescribe the rectification of all acts, even drawn up or transcribed outside his jurisdiction, which reproduce the error or contain the original omission.

Article 1050

(Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
(Decree nº 85-1330 of December 17, 1985 art. 17 Official Journal of December 18, 1985 in force on January 1, 1986)
(Decree nº 93-1091 of September 16, 1993, art. 1 and 4 Official Journal of September 17, 1993)

The public prosecutor with territorial jurisdiction to proceed with the administrative rectification of purely material errors and omissions in civil status documents is that of the place where the document was drawn up.
The public prosecutor with territorial jurisdiction to proceed with the administrative rectification of purely material errors and omissions in civil status documents held by the central civil status service of the Ministry of Foreign Affairs is that of the place where this service is established. .
The public prosecutor with territorial jurisdiction to make the same rectification of documents in lieu of civil status documents for a refugee or a stateless person is the one established by the Tribunal de Grande Instance of Paris.
However, the request can always be presented to the public prosecutor of the place where the interested party lives in order to be forwarded to the territorially competent public prosecutor.

Article 1051

(Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
(Decree nº 93-1091 of September 16, 1993 art. 1 Official Journal of September 17, 1993)

The request for rectification of civil status acts and declaratory or supplementary judgments of civil status acts is formed, investigated and judged as a matter free of charge.

Article 1052

(Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
(Decree nº 93-1091 of September 16, 1993 art. 1 Official Journal of September 17, 1993)

When it does not come from the public prosecutor, the request for rectification can be presented without form to the public prosecutor who, if necessary, forwards it to the competent court.
The request can also be presented directly by petition to the court.

Article 1053

(Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
(Decree nº 93-1091 of September 16, 1993 art. 1 Official Journal of September 17, 1993)

The judge can order and the public prosecutor can request the implication of any interested party as well as the convocation of the family council.

Article 1054

(Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
(Decree nº 93-1091 of September 16, 1993 art. 1 Official Journal of September 17, 1993)

The appeal is formed, instructed and judged as a matter of grace.
The remedies are, in all cases, open to the public prosecutor.

Article 1055

(Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
(Decree nº 93-1091 of September 16, 1993 art. 1 Official Journal of September 17, 1993)

The operative part of the rectification decision is immediately transmitted by the public prosecutor to the custodian of the civil status registers of the place where the corrected act is located. Mention of this device is immediately included in the margin of this act

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