Home » Codice civile – Delle persone e della famiglia XIV

Codice civile – Delle persone e della famiglia XIV

Titolo XIV: Degli atti dello stato civile

Art. 449 Registri dello stato civile
I registri dello stato civile sono tenuti in ogni comune in conformità delle norme contenute nella legge sull’ordinamento dello stato civile.

Art. 450 Pubblicità dei registri dello stato civile
I registri dello stato civile sono pubblici.
Gli ufficiali dello stato civile devono rilasciare gli estratti e i certificati che vengono loro domandati con le indicazioni dalla legge prescritte.
Essi devono altresì compiere negli atti affidati alla loro custodia le indagini domandate dai privati.

Art. 451 Forza probatoria degli atti
Gli atti dello stato civile fanno prova, fino a querela di falso (2699; Cod. Proc. Civ. 221), di ciò che l’ufficiale pubblico attesta essere avvenuto alla sua presenza o da lui compiuto.
Le dichiarazioni dei comparenti fanno fede a prova contraria (2697).
Le indicazioni estranee all’atto non hanno alcun valore.

Art. 452 Mancanza, distruzione o smarrimento di registri
Se non si sono tenuti i registri o sono andati distrutti o smarriti o se, per qualunque altra causa, manca in tutto o in parte la registrazione dell’atto, la prova della nascita o della morte può essere data con ogni mezzo.
In caso di mancanza, di distruzione totale o parziale, di alterazione o di occultamento accaduti per dolo del richiedente, questi non è ammesso alla prova consentita nel comma precedente.

Art. 453 Annotazioni
Nessuna annotazione può essere fatta sopra un atto già iscritto nei registri se non è disposta per legge ovvero non e ordinata dall’autorità giudiziaria.

Art. 454 Rettificazioni
La rettificazione degli atti dello stato civile si fa in forza di sentenza del tribunale passata in giudicato (Cod. Proc. Civ. 324), con la quale si ordina all’ufficiale dello stato civile di rettificare un atto esistente nei registri o di ricevere un atto omesso, o di rinnovare un atto smarrito o distrutto.
Le sentenze devono essere trascritte nei registri.

Art. 455 Efficacia della sentenza di rettificazione
La sentenza di rettificazione non può essere opposta a quelli che non concorsero a domandare la rettificazione, ovvero non furono parti in giudizio o non vi furono regolarmente chiamati.

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