Consultation No. 2700 to the Legal Office
Superintendency of Notaries and Registration
To: Mr. Dr.
ALEXIS DEL CARMEN CABRERA SAGBINI
Notary Circle One
Calamar Calamar, Bolivar
Subject: Grant deed corrected birth certificate without a certificate of citizenship, CN - 03 , 35 167 ER filing dated October 2, 2006
Date: October 4, 2006
Dear Dr. Alex del Carmen:
Consultation in the matter described, the procedure to correct the birth certificate for Yina Paola Ortiz Cup, as the names of witnesses, and who should provide the deed of correction because the registrant is an adult and has been unable to get the citizenship identification error by presenting his birth certificate.
This office before going to direct the concerns of the consultation, Mr notary reminded that we will not give legal concepts, if not attached to the letter of the query the legal standard that you previously considered to be correct, as as indicated Article 15 of resolution 4837, adopted by the No. 359 of 2004 of the Attorney General's Office, contained in Administrative Instruction No. 23 of 2004 of this entity.
Legal Framework:
Article 266 of the Constitution, established office at the National Civil Registrar, among others, management and organization of the Civil Registration Sheet No. 2
Sagbini Dr. Alex del Carmen Cabrera and
identification of individuals.
Articles 3 and 94 of Decree Law 1260 of 1970.
Articles 2, 3, 4 and 6 of Decree 999 of 1988.
Decree 1555 of 1989.
Decree 960 of 1970, Section 24
Considerations of the Legal Office:
Article 2 of Decree 999 of 1988, provides: "The registration of civil status, once granted, can only be altered by a decision legal firm, or available to interested parties, where the manner and formalities laid down in this Decree. "
ibid. The article 3 states: "Only request the modification or amendment of a register or enter the respective deed, the persons to whom it relates, either directly or through their legal representatives or their heirs. "
And Article 4 of the same regulation provides: "After the registration of civil status, the official registrar, upon written request of the person concerned, correct typos, spelling, and those who are established in comparison background document or the mere reading of the folio, by opening a new one where you entered the correct data. The pages carry reference notes of mutual ...
corrections referred to in this Article shall be made to adjust the recording to reality and not to alter the marital status "
Article 1 of Decree 1555 of 1989, provides: If the record has to be modified, lies in one of the notaries of the place of residence of the deeds referred to Articles 91 and 94 of Decree Law 1260
Sheet No. 3
Dr. Alex del Carmen Cabrera
Sagbini
1970, shall be granted on the same notary where registration is ... "
Article 24 of Legislative Decree 960 of 1970 provides:" The identification of those appearing will be made with the relevant legal documents, which are leaving their testimony. However, in case of emergency, in the absence of special identification document, the notary may identify with other authentic documents, or by the faith of knowledge on his part ... "
The legal document of identification is recorded the certificate of citizenship, being older.
The procedure is to grant a deed registered by the Yeni Paola, who will identify with their identity card or an original document, noting the document in question and that the identified in accordance with Article 24 above transcript.
If the grantor is not identified, the deed would be void, formal compliance with the provisions of paragraph 5 of article 99 of Legislative Decree 960 of 1970.
With feeling special consideration,
Cecilia Diaz Janeth Cervantes
Chief Counsel Office (e) Projected
: 10/04/1906
GEVB
Revised: CGD
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