Rectification of civil status records

by | May 31, 2019

Article 49 of the Civil Code.
In all cases where the mention of an act relating to civil status must take place in the margin of another act already registered, it will be made at the request of the interested parties, by the civil registrar, on the current registers, or on those which will have been deposited in the archives of the commune, and by the clerk of the court of first instance, on the registers deposited at the registry; whereupon the civil registrar will give notice, within three days, to the imperial prosecutor (procureur du roi) at the said court, who will ensure that the entry is made in a uniform manner in both registers. The marginal note must be written in red ink. If there is not a sufficient margin, a duplicate supplementary register must be kept, a mention of which will be made on the first page of the register for the current year (extracts from the Royal Decree of 8 June 1823 (Journal officiel XVIII, n° 21.

Article 46 of the Civil Code
Where no registers exist, or where they are lost, proof will be received both by deeds and by witnesses; and, in such cases, marriages, births and deaths may be proved both by the registers and papers issued by the deceased father and mother and by witnesses.

Article 99 of the Civil Code explains the formalities to be followed. When a request is made to rectify a civil status record, the relevant court will decide, unless an appeal is lodged.

Article 101 of the Civil Code Rectification judgments will be entered in the registers by the civil registrar, as soon as they have been handed to him/her, and a mention will be made of them in the margin of the reformed record (see article 49).

Article 837 of the Civil Code
No rectification or change may be made to the record; but rectification judgments will be entered in the registers by the civil registrar as soon as they have been handed to him or her; a note will be made in the margin of the reformed record, and the record will no longer be issued except with the rectifications ordered, on pain of all damages against the officer who issued it.

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