Dokument z akt zbiorowych rejestracji stanu cywilnego
jako dowód w procesie cywilnym
A document from the collective civil status registration files as
evidence in civil proceedings
Author(s): Mikołaj MireckiSubject(s): Civil Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: document; collective civil status registration records; documentary evidence; civil procedure;
Summary/Abstract: The article analyses the legal nature of documents from collective civil statusregistration files and their role as evidence in civil proceedings. Based on the dog-matic-legal method and the analysis of national case law, the author indicates thatcollective files include documents constituting the basis for drawing up a civil statusrecord, additional note or footnote.The principles of collecting, maintaining and making collective files available arediscussed in detail, emphasizing that these documents may be in electronic, paper ordigitally reproduced form. The requirement of a legal interest in making documentsavailable and the distinction between legal interest and factual interest are also indi-cated, with reference to the case law of administrative courts.In the part concerning the evidential value of documents from collective civilstatus registration files, the author discusses the application of the principle of freeevaluation of evidence, indicating that the court decides on the credibility and strengthof documents based on the rules of logic, life experience and procedural law. An anal-ysis was carried out of whether individual documents from collective files are officialor private documents in the context of Polish civil procedure.Birth and death certificates – prepared by medical entities – raise doubts asto their qualification as official documents, due to the lack of a clear assignment ofthe public administration function. In turn, protocols prepared by heads of the CivilRegistry Office have the undoubted status of official documents. The author postu-lates de lege ferenda statutory regulation of the status of documents issued by medicalentities, in order to ensure legal certainty and protect the principle of citizens’ trustin the state. In conclusion, documents from collective civil status registration filesmay be independent means of evidence or auxiliary material in civil proceedings, buttheir significance should be assessed each time in the context of the entirety of theevidence and the principles of material truth.
Journal: Kortowski Przegląd Prawniczy
- Issue Year: 2025
- Issue No: 2
- Page Range: 101-116
- Page Count: 16
- Language: Polish
