scholarly journals Recent Polish Case Law on the Application of the Ordre Public Exception in Case of Transcription (Registration) of Foreign Birth Certificates into the Domestic Register of Civil Status

2021 ◽  
Vol 28 ◽  
pp. 163-195
Author(s):  
Aleksandra Wasielewicz
Keyword(s):  
Birth Certificate ◽  
Case Law ◽  
Legal Order ◽  
Best Interests ◽  
Birth Certificates ◽  
Same Sex Couples ◽  
Civil Status ◽  
The Subject ◽  
Ordre Public ◽  
Foreign Birth

This article is an overview of the recent Polish case law on the application of the ordre public exeption in case of transcription of foreign birth certificates in Poland. In recent times, the ordre public exception was applied to prevent the transcription of birth certificates that indicate same-sex couples as parents of a child and birth certificates of children born by surrogacy. Simultaneously, it was commonly assumed that the transcription is obligatory in order to obtain Polish identity documents. For that reason, the refusal of transcription meant in fact i.a. the inability to obtain Polish identity documents. It caused not only practical complications in everyday life but it was also a serious breach of rights.This article outlines the evolution of the transcription case law in Poland. Initially, the administrative authorities and the courts had been refusing the transcription due to its inconsistency with fundamental principles of the legal order. Subsequently, however, transcription was found admissible on the basis of the principle of the best interests of the child. Due to the divergence in the case law, the issue of transcription was the subject of the resolution of seven judges of the Supreme Administrative Court of 2 December 2019 (ref. no. II OPS 1/19). The resolution states that the transcription is contrary to the fundamental principles of the legal order. However, the resolution also underlines that the fact that a child is a Polish citizen may be confirmed solely by a foreign birth certificate so there is no need for transcription in order to obtain Polish identity documents.

scholarly journals O przypadkach dokonanej transkrypcji aktów urodzenia dzieci par jednopłciowych

2021 ◽  
Vol 28 ◽  
pp. 131-161
Author(s):  
Michał Wojewoda
Keyword(s):  
The Other ◽  
Birth Certificates ◽  
Same Sex ◽  
Same Sex Couples ◽  
Civil Status ◽  
Polish Law

The article concerns the problem of birth certificates of children of same sex couples, which have been transcribed into the Polish register of civil status. Although such transcriptions, after the resolution of the Supreme Administrative Court of 2.12.2019, seem not to be allowed, a significant number of foreign certificates had already been transcribed beforehand. The author argues that there are limited grounds to eliminate such acts from the Polish register. Especially in cases, in which the transcribed birth act — generated in Poland — names the woman who gave birth to the child (which woman is always considered to be the mother according to Polish law), such acts can properly fulfill their role by proving the fact of the child’s birth and by explaining the motherhood. The fact that the other parent (of the same sex) is not mentioned at all or is mentioned only in an annotation to a birth act can be well reconciled with the rules of the Polish law.

scholarly journals Correlation of warranties and means of securing performance of obligations

2020 ◽  
pp. 1-7
Author(s):  
Olesia Emelianova
Keyword(s):  
Civil Law ◽  
Case Law ◽  
Legal Order ◽  
Legal Responsibility ◽  
Main Criterion ◽  
Legal Instrument ◽  
Relevant Case ◽  
The Subject ◽  
Target Designation ◽  
Contractual Obligations

This article presents the analysis of the current Russian civil legislation that regulates warranties of contractual obligations, which represent a fairly new contractual instrument for Russian economic turnover and means of securing performance of obligations (mainly by co-signing and independent warranty), being the traditional legal construct for Russian legal order. To carry out detailed study and comparison of the aforementioned legal constructs, the author also examines the relevant case law and doctrinal approaches regarding the subject of obligations, performance of obligations, means of securing performance of obligations, and civil legal responsibility. The methodology is based on the dogmatic, formal-logical, systemic, analytical and other methods. The result of this research yielded a conclusion that warranty within the system of Russian civil law is an independent legal instrument and is not a part of the system of means of securing performance of obligations, even in presence of coincidence with some of such means. The main criterion for distinction consists in the different functional and target designation of such legal means.

scholarly journals Birth Certificate of Stillbirth and Succession

2017 ◽  
Vol 23 (2) ◽  
pp. 197-200
Author(s):  
Vesselin Dimitrov Petrov
Keyword(s):  
Birth Certificate ◽  
Civil Registration ◽  
Civil Status ◽  
The Subject

Abstract This article explores the subject of one question “de lege ferenda” which is related to the birth of stillbirths and the matters of succession that result from the amendment of the Civil Registration Act of 2015 and the establishment of a separate civil status certificate.

Judicial Review of Administrative Action (1890–1910): A Brief Comparison between the Austro-Hungarian and the German Empires

2021 ◽  
pp. 246-256
Author(s):  
Luca De Lucia
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Legal Order ◽  
General Introduction ◽  
German Empire ◽  
Distinctive Features ◽  
Administrative Action ◽  
The Subject ◽  
The Common ◽  
Comparative Nature

In this brief chapter some reflections of a comparative nature between the Austrian legal order and some state systems of the German Empire are presented regarding the standards of judicial review adopted between 1890 and 1910. The comparison is based primarily on the research works of Angela Ferrari Zumbini and Lilly Weidemann, which, after a general introduction to the subject in the different legal orders, present a series of judgments issued by the administrative courts of last instance in that period. This chapter outlines the common and distinctive features of the review conducted by these courts before examining whether, and in what ways, this case law has contributed to the formation of general principles and rules of conduct for public administrations.

scholarly journals Child Protection When Travelling Abroad

2019 ◽  
Vol 25 (2) ◽  
pp. 153-157
Author(s):  
Rumenov Angelov Milen
Keyword(s):  
Child Protection ◽  
General Meeting ◽  
Case Law ◽  
Best Interests ◽  
The Supreme Court ◽  
The Family ◽  
The Subject ◽  
The Republic ◽  
Travel Abroad ◽  
Family Code

Abstract The article examines child protection when travelling abroad with only one parent or someone who is not a parent or a guardian set by national and EU legislation. It analyzes cases when one of the parents does not allow their child to travel abroad with the other one. Methods of protecting the children’s best interests, as well as introducing the substitute consent have been presented. The development of the European Union’s legislation and case-law on the subject are scrutinized. The study also covers the national legislation of the Republic of Bulgaria in the field of protecting the child’s interests. The preconditions that have led to the legislative initiative on the adoption of Art. 127a of the Family Code referring to the court’s consent to a child travelling abroad with only one of the parents are analyzed. Next, there are prerequisites leading to the adoption of the Interpretative Decision No 1 of 03.07.2017 at a General Meeting of the Civil Division of the Supreme Court of Cassation of the Republic of Bulgaria, which develops the framework in the field of granting a court permit for child’s travelling. What is examined are the exact interests of the child that should be protected when the court gives the consent substituting the parental one. The case-law of the subject is followed in order to maximize its improvement in the protection of the rights and interests of the children living with one of their parents.

scholarly journals Differences Between the Recognition and Enforcement of Authentic Instruments and the Recognition and Enforcement of Judgments

Lexonomica ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 1-16
Author(s):  
Maria Dymitruk ◽  
Jacek Gołaczyński ◽  
Maria Kaczorowska ◽  
Piotr Rodziewicz
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Order ◽  
The European Union ◽  
Cross Border ◽  
Court Of Justice ◽  
Recognition And Enforcement ◽  
The Subject ◽  
Definition Of

The subject of the article is to analyse and compare the specificity of judgments and authentic instruments in terms of cross-border recognition and enforcement under the Brussels I Recast Regulation framework. Particular focus has been put on the practical aspects of the definition of an authentic instrument. Selected detailed issues arising against this background have been discussed with reference to the Polish legal order as well as the case-law of the Court of Justice of the European Union (CJEU). Based on the undertaken considerations, some proposals have been formulated regarding the enhancement of the free circulation of authentic instruments within the European Union.

scholarly journals Making the best interests of the child a substantive human right at the centre of national level expulsion decisions

2020 ◽  
Vol 38 (3) ◽  
pp. 169-190
Author(s):  
Jonathan Collinson
Keyword(s):  
Thought Experiment ◽  
National Level ◽  
Case Law ◽  
Best Interests ◽  
Human Right ◽  
Alternative Mode ◽  
Foreign Nationals ◽  
Rights Of The Child ◽  
European Court ◽  
The Subject

The best interests of the child has become an central facet of the jurisprudence of the European Court of Human Rights (ECtHR) in expulsion cases. This article argues that the indirect application of the best interests of the child as an interpretive benchmark for Article 8 ECHR is not the end point of State’s responsibilities under Article 3 UN Convention on the Rights of the Child (UNCRC). This article argues that the ECtHR’s case law presents significant limitations in the subject matter scope of the best interests of the child, and limitations to the way in which it incorporates them into the Article 8 ECHR balancing exercise. This article acts as a thought experiment by modelling an alternative mode of decision-making. It asks what the best interests of the child might look like as the substantive human right at the centre of decisions about the expulsion of foreign nationals.

scholarly journals The principle of the best interests of the child in the expulsion case law of the European Court of Human Rights: Procedural rationality as a remedy for inconsistency

2019 ◽  
Vol 37 (1) ◽  
pp. 50-68 ◽  
Author(s):  
Mathieu Leloup
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Case Law ◽  
Best Interests ◽  
Critical Examination ◽  
Procedural Rationality ◽  
Procedural Approach ◽  
European Court ◽  
The Subject ◽  
The Right

According to Article 3 CRC, the best interests of the child should be a primary consideration in all actions concerning children. This article examines how the European Court of Human Rights applies this principle in expulsion cases that have an impact on the right to family life. A distinction is made between the cases where the expulsion measure is aimed at one of the parents and the cases where the child itself is the subject of the impugned decision. A critical examination of the available case law proves that the Court’s use of the principle is inconsistent in several areas. It is argued that the Court should adopt a procedural approach towards the principle. This would make the case law more consistent, while simultaneously increasing the children’s protection.

PENENTUAN DAERAH PRIORITAS PELAYANAN AKTA KELAHIRAN DENGAN METODE K-NN DAN K-MEANS

2020 ◽  
Vol 17 (1) ◽  
pp. 319-328
Author(s):  
Ade Muchlis Maulana Anwar ◽  
Prihastuti Harsani ◽  
Aries Maesya
Keyword(s):  
Nearest Neighbor ◽  
Information Gain ◽  
Birth Certificate ◽  
Population Data ◽  
Community Services ◽  
Birth Certificates ◽  
Similar Data ◽  
K Nearest Neighbor ◽  
Civil Registration ◽  
The Family

Population Data is individual data or aggregate data that is structured as a result of Population Registration and Civil Registration activities. Birth Certificate is a Civil Registration Deed as a result of recording the birth event of a baby whose birth is reported to be registered on the Family Card and given a Population Identification Number (NIK) as a basis for obtaining other community services. From the total number of integrated birth certificate reporting for the 2018 Population Administration Information System (SIAK) totaling 570,637 there were 503,946 reported late and only 66,691 were reported publicly. Clustering is a method used to classify data that is similar to others in one group or similar data to other groups. K-Nearest Neighbor is a method for classifying objects based on learning data that is the closest distance to the test data. k-means is a method used to divide a number of objects into groups based on existing categories by looking at the midpoint. In data mining preprocesses, data is cleaned by filling in the blank data with the most dominating data, and selecting attributes using the information gain method. Based on the k-nearest neighbor method to predict delays in reporting and the k-means method to classify priority areas of service with 10,000 birth certificate data on birth certificates in 2019 that have good enough performance to produce predictions with an accuracy of 74.00% and with K = 2 on k-means produces a index davies bouldin of 1,179.

PENCATATAN PERKAWINAN SEBAGAI REKONSEPTUALISASI SYSTEM SAKSI PERKAWINAN BERBASIS MASLAHAH

2019 ◽  
Vol 4 (2) ◽  
pp. 134-148
Author(s):  
Mohsi Mohsi
Keyword(s):  
Birth Certificate ◽  
It Impacts ◽  
The Status ◽  
Legal Legitimacy ◽  
The Subject

Marriage registration is often the subject of discussion among academics in the aspect of legal legitimacy. Is marriage registration a condition of marriage, or the harmony of marriage ?. From all the discourses available, the writer concludes that the recording of marriage in the al-maslahah review is a new witness system, but cannot replace the position of the witnesses who have been introduced and patented in the construction of classical texts and fiqh. its existence is only as complementary, but it is very mandatory to be fulfilled because it impacts on aspects of marriage, both directly and indirectly, such as to the status of the child on a birth certificate, divorce, and other aspects as a result of a marriage, also divorce.

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