Civil registry
Links: duplicate of the civil registry of the mayor of Cologne with the birth record of the composer (No. 44/1838.) Max Bruch , 1838
Center: Second volume of the duplicate of the register vintage 1852 the marriage register of the mayoralty Mülheim in contemporary half leather binding
law : Duplicate ('minor copy') of the death register of the registry office Cologne (No. 1389/1876) with the death entry of Anna Rehfeld, b. Zaudig (1803–1876), known as Kölsches Original under the nickname "Böckderöck Wau-Wau"
Civil status books were registers kept at the registry office for the authentication of civil status . The civil status registers were replaced by electronic civil status registers with the civil status reform act on January 1, 2009 . The complete changeover took place on December 31, 2013.
Historical legal bases
In Germany, due to the Reich Law on the Notarization of Civil Status and Marriage, since January 1, 1876, births, marriages and deaths are no longer recorded in church registers, but recorded in state registers. The Civil Status Act of November 3, 1937 introduced the family, birth and death books. With the federal law of August 8, 1957, the law was revised on January 1, 1958. The registrar led by the Personal Status Law in force until December 31, 2008 version (PStG version), a marriage, a family, a birth and a death register as civil status.
Electronic civil status registers have existed since January 1, 2009. These correspond to the old civil status registers in electronic form. The following statements apply accordingly since January 1, 2009.
With the amendment of the Civil Status Act, public archives (municipal and in some federal states also state archives) became responsible for archiving civil status registers after the continuation periods had expired. The use of civil status books in public archives is explained using the example of the Bautzen City Archives in a video on CompGen's main YouTube channel.
Federal law until December 31, 2008
When properly kept, the civil status registers had evidential value for the marriage, birth and death as well as the details given about them (Section 60 (1) PStG old version). On the basis of the civil status registers, certified copies, birth certificates, birth, marriage and death certificates, certificates of descent and extracts from the family register were issued as civil status certificates (§ 61a PStG old version). Inspection of the civil status registers and the issuing of civil status certificates could only be requested by the authorities within the scope of their jurisdiction and by persons to whom the entry referred, as well as their spouses, ancestors and descendants. Other persons only had the right to inspect and issue civil status certificates if they could substantiate a legal interest (Section 61 (1) PStG old version).
All those involved were obliged to contribute to the proper management of the books by providing the necessary information and submitting the required documents. For this they could be stopped under threat of a fine, violations were punished as an administrative offense (§§ 68, 68a, 69 PStG old version).
Marriage book
The marriage book was used to certify marriages (Section 2, Paragraph 1, Clause 1 of the PStG old version).
Every marriage had to be certified in the presence of the spouse by the registrar (§ 9 PStG old version). In the marriage book are acc. 11 PStG old version
- the first and last names of the couple, their occupation and place of residence, place and date of their birth and, if they consent, their legal affiliation or non-affiliation with a church, religious society or ideological community,
- the first and last names of witnesses present at the marriage , their age, occupation and place of residence,
- the declaration of the couple,
- the saying of the registrar.
On the basis of the marriage register, the registrar issued marriage certificates (Section 61a No. 3 Case 2 PStG old version). In the marriage certificate were gem. 63 PStG old version added
- the first names of the spouses and the family names they used before the marriage, their place of residence, place and date of their birth as well as their legal affiliation or non-affiliation with a church, religious society or ideological community, if the legal affiliation or non-affiliation is entered in the marriage register,
- Place and day of the marriage.
Family book
The family book was intended to show the respective civil status of the family members (Section 2, Paragraph 1, Clause 2 PStG old version). The family register was created following a marriage by the registrar before whom the marriage was concluded or, in certain cases, later on request.
The family book was regulated by law in §§ 12-15e of the PStG old version
The family book is not to be confused with the family book , which is owned by the family and contains a private collection of documents (marriage certificates, birth certificates, death certificates). A local family book also contains information on parents and their children and shows genealogical relationships, but just like a private family book, it has no legal evidential value .
Birth register
The birth register was used to certify the births (Section 2 (2) HS 1 PStG old version).
Verbal notification of the birth was required within one week, in the following order
- the child's father, if he is co-owner of parental responsibility,
- the midwife who was present at the birth,
- the doctor who was present
- any other person who was present or was taught their own science from birth,
- the mother as soon as she can.
In the birth register were entered
- the first and last names of the parents, their occupation and place of residence, as well as their nationality, if they were not German and their foreign nationality was proven, their legal affiliation or non-affiliation to a church, religious society or ideological community, if they consent,
- Place, day and hour of birth,
- Gender of the child,
- the first names and the family name of the child,
- First name and surname of the reporting person, his profession and place of residence
If a child was stillborn or died in childbirth, a corresponding note was also entered, but the first and last name of the child was only entered at the request of a person who would have been granted personal care if the child had been born alive. In the case of twin or multiple births, each birth was entered separately. The entries had to show the sequence in which the children were born. If a newborn child was found , the competent administrative authority, after hearing the health department, determined the probable place and date of birth and determined the first name and surname of the child. Upon their written order, the registrar entered this data in the birth register.
On the basis of the birth register, the registrar issued birth certificates with the child's first name and surname as well as the place and date of his birth, as well as birth and descent certificates , which also state the gender and the first and last names of the child's parents, their place of residence and their legal affiliation or their non-affiliation to a church, religious society or ideological community if the legal affiliation or the non-affiliation was entered in the birth register (§§ 61c, 62 PStG old version)
Heir-relevant documents
The registry office that notarizes the death (death registry) has communicated this directly to the registry authority ( Federal Chamber of Notaries) leading the Central Register of Wills (ZTR) since January 1, 2012 ( Section 60 (1) No. 9 PStV ).
Before the introduction of the ZTR, a message was included in the register of wills in the birth register . The registry office of birth then had to determine the current custodian after checking the existence of custody information on a will so that it could notify the probate court of the death and deliver the will there for further initiation. This procedure was dropped with the introduction of the ZTR.
Death register
The death register was used to record the deaths (Section 2 (2) HS 2 PStG old version).
Verbal notification to the registrar in whose district the person died was required no later than the following working day, in the following order
- the head of the family,
- the person in whose home the death occurred
- every person who was present at the death or was informed of the death from their own science.
The registrar of the special registry office in Arolsen was solely responsible for the certification of the deaths of prisoners of the former German concentration camps (§ 43a PStG old version).
In the death register were entered
- the first name and surname of the deceased, his occupation and place of residence, place and date of his birth and, in the case of the notifying person's consent, his legal affiliation or non-affiliation with a church, religious society or ideological community,
- the first names and surname of the spouse or a note that the deceased was not married,
- Place, day and hour of death,
- First name and surname of the reporting person, his profession and place of residence
Based on the death books, the registrar issued death certificates (§§ 61a No. 3 Case 3, 64 PStG old version). Certified copies of the book for declarations of death were issued without the need to substantiate a legal interest (§ 61b PStG old version).
Duplicates
The registrar made a copy of every entry in the marriage, birth and death register in a second book and certified it. In the event that the first books were lost, the second book was submitted to the district office or the district administration for review and storage. Significant subsequent entries in the first book also had to be transferred to the second book. If the first book was lost, the second book was declared the first book. A new second book was then created by copying it (§§ 44-44b PStG old version).
State law until December 31, 2008
Civil partnership book
Not in the Personal Status Law was regulated the partnership book , the registry offices in Berlin , Bremen , Hamburg , Mecklenburg-Western Pomerania , Lower Saxony , North Rhine-Westphalia , Saxony-Anhalt and Schleswig-Holstein and the state Chamber of Notaries Bayern to because state law implementation regulations Civil Partnership Act led. Civil partnership documents could be issued from the civil partnership book; However, the certificates of the competent authorities of other federal states were sometimes referred to as civil partnership documents.
Since 2009, the registry offices have continued to use the civil partnership books as a civil partnership register.
France
As early as 1804 , civil status registers were introduced in France through the Civil Code .
Web links
- Personal Status Act (PStG) in the version valid until December 31, 2008, buzer.de
Individual evidence
- ↑ Personal Status Act of November 3, 1937, RGBl. I p. 1146
- ↑ BGBl. I p. 1125
- ↑ cf. Draft of a law to modernize the notification system in inheritance matters by creating the Central Register of Wills at the Federal Chamber of Notaries BT-Drs. 17/2583 of July 14, 2010, p. 14 f. (Diagrams on the notification system in inheritance matters according to old and new law)
- ↑ Section 27, Paragraph 4, Clause 2, No. 4 of the PStG in the version of the Civil Status Reform Act of February 19, 2007
