Birth Certificate of Stillbirth and Succession

Vesselin Dimitrov Petrov

doi:10.1515/kbo-2017-0113

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Birth Certificate of Stillbirth and Succession

International conference KNOWLEDGE-BASED ORGANIZATION

Volume 23 (2017): Issue 2 (June 2017)

By: Vesselin Dimitrov Petrov

Open Access

|Jul 2017

Abstract

This article explores the subject of one question “de lege ferenda” which is related to the birth of stillbirths and the matters of succession that result from the amendment of the Civil Registration Act of 2015 and the establishment of a separate civil status certificate.

References

[1] Tadzher, Civil Law of National Republic of Bulgaria, General part, Chapter II, 1973, page 23, which provisions that only the one who is born capable of being alive shall have succession rights. According to Pavlova, Civil Law, General part, 2002, p. 236, the time of birth is when the embryo is separated from the mother’s body and it is necessary to be cut the cord blood and all of the actions required by the medical science to be done for a new legal person to occur. In order to have legal personality the child shall have breathed through his lungs and it doesn’t matter how long the new-born is alive. The Persons and Family Act doesn’t set out a requirement for the child born alive to be viable. Section 2 of the Succession Act provides this requirement in order for the child to have succession rights. See and Ilieva, R. Course in Civil Law, Generality, Volume 1, Ciela, Sofia, 2015, pp. 181-188.
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[2] The legislation before the promulgation of the Civil Registration Act and the civil status certificates, Tsanka Tsankova. Civil legislation issues with the civil status certificates, Lectures for post-graduate education, University of Sofia, Vol. XXVI, 1985, pp. 157-180. Detailed content of the probative value of documentary evidence, see Ivanov, A. Current issues of proof in civil proceedings. Sofia, New Star /Nova Zvezda/, 2015, pp.73-80.
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[3] The Act amending and supplemending the Civil Registration Act was promulgated by Official Journal, issue 55 of 2015.
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[4] The Ordenance № 19 of 22nd December 2014 for the medical standard of Professional Organization of Medical Nurses, Midwives and Associated Medical Specialists Guild Act was promulgated by Official Journal, issue 106 of 2014 and repealed by Official Journal, issue 22 of 2017.
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[5] In order to establish the origin from the mother and the father see T. Tsankova, M. Markov, A. Staneva, V. Todorova, V. Petrov, E. Balevska, B. Decheva, V. Micheva. Family Code, 2015, pp. 227-290.
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[6] Decision № 11894 of 17th March 2016 of the Supreme Administrative Court was promulgated by Official Journal, issue 22 and enacted on 14th March 2017.
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[7] The questions of the legal persons, legal personality and legal capacity according to Bulgarian Civil Law are not discussed in the article.
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Articles in this issue

DOI: https://doi.org/10.1515/kbo-2017-0113 | Journal eISSN: 2451-3113 (formerly 1843-6722) | Journal ISSN: 1843-6722

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Language: English

Page range: 197 - 200

Published on: Jul 25, 2017

Published by: Nicolae Balcescu Land Forces Academy

In partnership with: Paradigm Publishing Services

Publication frequency: 3 issues per year

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© 2017 Vesselin Dimitrov Petrov, published by Nicolae Balcescu Land Forces Academy
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Volume 23 (2017): Issue 2 (June 2017)