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Administracyjne tryby unieważnienia aktu stanu cywilnego
Administrative procedures for invalidation of vital records

Author(s): Maciej Jurzyński
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: vital records; administrative procedure for invalidation of vital records; substantive and technical action; administrative decision

Summary/Abstract: The subject matter of this study focuses on procedures for invalidation of vital records. The study employs the method of an analysis of the law, the relevant literature on the established line of administrative courts’ decisions and also relies on the author’s own observations. The starting point of the reflections is the clarification of the concept of a vital record and the special nature of this form of public administration activity. The study argues that vital records enjoy the presumption of validity. They may only be removed from legal circulation by invalidation in one of the procedures regulated by the Law on vital records. Invalidation procedures applied by the public administration authorities, i.e. the superintendent registrar and the governor, are analysed in this article. The aim of the study was to clarify the prerequisites for the employment of various administrative procedures for invalidating vital records, to identify the entities entitled to request that a record be invalidated, the legal forms in which the authorities may act in such cases and their contestability. Selected practical aspects of the issue are also presented. The discussion closes with conclusions indicating the special features of various administrative procedures for invalidating vital records.

  • Issue Year: 2025
  • Issue No: 54 (3)
  • Page Range: 37-53
  • Page Count: 17
  • Language: Polish
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