Civil Code of Sancratosia
Title I. Of the entry into force, of the effects and of the application of the laws in general
Article 1.
The laws acquire obligatory force from the fact of their promulgation by the Princess.
They are opposable to the two-thirds in the terms foreseen by the Constitution.
Article 2.
The laws are executive in the Principality of Sancratosia by virtue of their promulgation which is done by order of the Princess and from the next day of this promulgation.
Article 3.
The law only foresees the future; it does not have retroactive effect.
Article 4.
The laws of police and safety are obligatory to the people who reside on the territory of the Principality.
The properties, as well as those possessed by foreigners, are regulated by the laws of the Principality.
The laws concerning the State and the capacity of people regulates the Sancratosian subjects, even if residing in a foreign country.
Article 5.
The judge that refuse to judge, under pretence of silence, of obscurity or of the non-sufficiency of the law, may be prosecuted for deny of justice.
Article 6.
The State is responsible for the damage caused by the defective functioning of the justice.
This responsibility can only be implicated in the case of grave mistake of service in the prevision of the allocation of an indemnity, by an indemnity commission of which the composition and the modalities of its functioning are fixed in title VIII of book III of part I of the Civil Procedure Code.
Article 7.
It is prohibited to judges to pronounce by way of general disposition and of regulation on the causes which are submitted to them.
Article 8.
We cannot derogate, by special conventions, to the laws which concern the public order and the good morals.
Book I. Of the people
Title II. Of the enjoyment and the privation of the civil rights and the protection of the private and familial life
Chapter I. Of the enjoyment of civil rights
Article 9.
The exercice of the civil rights is independent of the quality of resident of the Principality, which is acquired and preserved in the terms foreseen by the law.
Article 10.
Every Sancratosian subject enjoys of civil rights.
Are Sancratosian subjects :
1. Every individuals that are born in Sancratosia or abroad from a Sancratosian parent.
Article 11.
Every resident of the Principality enjoys of civil rights.
Article 12.
The quality of Sancratosian subject is acquired by naturalization.
The naturalization is conceded by sovereign ordinance after review on the morality and the situation of the applicant and justification that it is incompatible with other foreign nationalities.
Can be naturalized, without conditions :
1. Foreigners that the Princess deem dignified of this favour for services given by them to the Principality.
Article 13.
Every child born abroad from a resident of the Principality, is a resident of the Principality.
Every child born, either in the Principality, either abroad, from a Sancratosian subject is a Sancratosian subject.
Can also be naturalized, without conditions :
1. The foreigner that the Princess deems dignified of this favour;
2. The spouse married abroad, to which the other spouse is soliciting the naturalization or has already obtained it;
3. The natural child, under the age of thirteen, born abroad, of which a parent is soliciting the naturalization or has already obtained it.
Article 14.
The foreigner enjoys in the Principality of the same civil rights as those that are or will be accorded to Sancratosian subjects by the laws of the nation to which the foreigner belongs.
Article 15.
The foreigner that marries a Sancratosian subject follows the condition of their spouse.
Article 16.
The foreigner who is admitted by the Princess to establish its residency in the Principality will enjoy of all the civil rights as long as they continue to stay.
Article 17.
The foreigner, even if non residing in the Principality, can be prosecuted by the Sancratosian courts in the cases specified by the Civil Procedure Code.
The dispositions of this article can be applicable to societies as well as individuals.
Article 18.
Sancratosian subjects living in the Principality can be brought before the Sancratosian courts for obligations contracted by themselves in foreign countries even with a foreigner.
The dispositions of this article can be applicable to societies as well as individuals.
Article 19.
Except for the exceptions foreseen by the Civil Procedure Code, the foreigner that is claimant gives a guarantee, conforming to the dispositions of the mentioned code, for the payment of fees and damage-interests resulting from the prosecution.
Chapter II. Of the privation of civil rights
Article 20.
The quality of resident of the Principality is lost :
1. By the establishment in a foreign country without intent of coming back.
The establishments of commerce can never be considered as having been made without intent of coming back.
The quality of national of the Principality is lost :
1. By the naturalization acquired abroad, without prior authorization;
2. By the acceptation, without prior authorization, of public functions conferred by a foreign government;
3. By the refusal of the Sancratosian nationality in the cases foreseen by law;
Article 21.
The resident or subject of the Principality that has lost its quality, can always reacquire it by entering in the Principality with the authorization of the Sovereign and by declaring their intent to reacquire it.
The reacquisition of nationality is subject to a Sovereign Ordinance.
Article 22.
The Sancratosian spouse which marries a foreigner preserves the Sancratosian nationality unless they expressively declare their desire to acquire, in conformity with the dispositions of the national law of the other spouse, the nationality of the latter.
Article 23.
The Sancratosian subject that, without the authorization of the Princess, accepts public functions conferred by a foreign government loses its quality of Sancratosian subject.
They can only re-enter in the Principality with the permission of the government, and reacquire the quality of Sancratosian subject by meeting the conditions imposed to the foreigner to become Sancratosian subject.
Chapter III. Of the protection of the private and familial life
Article 24.
The right to the respect of the private and familial life guaranteed by article 22 of the Constitution is protected for every person living or deceased.
Article 25.
The person victim of a prejudice of the right mentioned in the previous article can petition in justice that this prejudice comes to an end and to request damage-interests, in reason of the prejudice suffered.
The action can, of their living, be exercised by the legal representative and, after their death, by those having their rights.
Article 26.
The court seized can, without prejudice of the reparation of the damage suffered, prescribe every measures such as the confiscation, suited to prevent or to cease the prejudice.
These measures can, if there is urgency, be prescribed, as a provisional measure, either by the President of the General Court stating in referral or on request to referral, either by the First Judge of Penal Procedures seized on request.
Article 27.
In the twenty-four hours of the referral, the President of the General Court can give a order of protection prohibiting the author of a crime or of a delict to enter, by whichever means, including electronic communications, in relation with the victim of said facts.
The President of the General Court can only be seized by the victim, by the Attorney General when they are seized conforming to article Placeholder (Article 24-1) of the Civil Procedure Code or, with the permission of the victim, by an association of defence of victims of violence.
In this order, the judge can, if applicable, authorize the enjoyment of the residency to the victim of one of the infractions mentioned in the first paragraph and precise the modalities of its application.
The order of protection is valid for two months and can be prolonged for the same duration at the demand of one of the persons mentioned in the second paragraph. It is executive as a provisional measure and is eligible to an appeal in the conditions foreseen by article Placeholder (Article 24-1) of the Civil Procedure Code.
The judge can, at any moment, at the demand of the Attorney General, of one of the parties or by his office, after having proceeded at every necessary instruction measure and after having invited the parties to present their observations, suppress or modify every or parts of the measures enunciated in the order of protection, to decide of new ones, grant a temporary dispense for certain of them or report said order.
Title III. Of the acts of civil status
Chapter I. General dispositions
Article 28.
The act of civil status can only bear the mentions prescribed by the law.
Article 29.
The establishment, the conservation, the updating and the delivering of the acts of civil status are assured by the officer of the civil status according to the manual or automated processes.
The signature of the acts can be electronic.
Article 30.
Every act of civil status enunciate the month, the day and the hour when it is received, the first name and last name of the officer of the civil status, the first names, last name and occupation of everyone mentioned.
Article 31.
When the parties are not required to appear in person, they can be represented by a holder of a special and authentic procuration.
Article 32.
Witnesses to the acts of civil status must be at least sixteen years old.
Article 33.
The officer of the civil status give lecture of the act to the participants and the witnesses. It is mentioned in the act of the accomplishment of this formality.
Article 34.
The act is signed by the office of the civil status that received it, by the participants and by the witnesses or mention is made of the cause which prevents the participants and the witnesses to sign.
Article 35.
The acts of the civil status are inscribed on one or many registries kept, each, in two copies, one electronic and one paper.
The acts of the civil status can also be drawn, in double copy, on mobile sheets. When these sheets are filled, they are place in a temporary registry. At the end of the civil year, the registries are closed and stoped by the officer of the civil status. At the beginning of each civil year, the sheets on which have been inscribed the acts of the preceding year are joined to the registry, following their numbering and the chronological order of the acts.
A copy of each registry is kept respectively at the archives of the Ministry of State and to the general registry.
Article 36.
The acts are drawn, immediately, one after another. Sufficient margins are reserved for the later affixing of mentions.
Erasures and cross-references are approved and signed in the same way than the body of the act.
Nothing is written by abbreviation. The dates are written in letters.
Article 37.
Procurations and other pieces that must be annexed to the act of the civil status must be deposited to the general registry, with the copy of the registries.
Article 38.
The acts of the civil status are authentic until a false record is made of which the officer of the civil status has personally done or remarked, and only until proof of the contrary of the exactitude of the declarations received by them.
It is the same for the integral copies and extracts of these acts as long as they are bearing of the signature and the seal of the officer that delivers them.
The irrevocable justice decisions given in matters of civil status are opposable by everyone, in the same conditions that the acts they concerns or that they rectify.
Article 38.
Every act of the civil status drawn up in a foreign country is authentic if it was received in the forms used in this country.
Article 39.
Every act of the civil status concerning a Sancratosian in a foreign country is also authentic, if it has been received, in conformation with the laws of the Principality, by a diplomatic representative of Sancratosia.
At the reception of everyone of these acts, is drawn up an expedition to the means of transmission to the service of the civil status of the Ministry of State which proceeds to its transcription.
Article 40.
Every act of the civil status of a person of Sancratosian nationality drawn up in a foreign country, in conformation with articles 38 or 39, is transcribed, in Sancratosia, by the officer of the civil status, either by his office, either at the reception of the expedition foreseen at the previous article, either at the request of the interested.
The transcription is made in one of the registries of birth, marriage or death, specifically maintained by the service of the civil status of the Ministry of State, in the best delays if it is intervened by office or at the moment of its reception in the case of expedition or request.
Article 41.
The act of the civil status established by a foreign authority can only be transcribed if it is has been previously legalized, except if there are more favourable international conventions. If it is established in a foreign language, it must be translated first in Lingua Franca Nova, either by a certified translator, either by the diplomatic agent or the consul of Sancratosia which exercises the fonctions of officer of the civil status in the country where the act has been drawn, either by a foreign consul or a foreign diplomatic agent in Sancratosia when the translation concerns un act drawn by an authority of the country which has regularly accredited it.
Article 42.
The officer of the civil status assures the guard of the registries mentioned in article 40 and delivers extracts which have an equivalent probative force to that attributed to the extracts of the civil status of registries mentioned in article 35.
Each registry is maintained in the chronological order and can present a multiannual character.
It is marked and initiated as indicated in the second paragraph of article 35. A new registry is opened when the preceding is completely filled.
The acts of the civil status mentioned in article 40 can also be transcribed on mobile sheets, in the respect of the rules enunciated in the preceding paragraph. It is also mentioned, in a special booklet, upon transcription of the act of the civil status on mobile sheets, of the number and of the nature of the act, of the name and the first name of the parties as well as the number of the page on which it is transcribed. The filled sheets are placed in a temporary registry which is joined to the registry every one hundred pages.
These registries are the object of formalities prescribed at the last paragraph of article 35.
Article 43.
In every cases where the mention of an act or of judgment relating to the civil status must be in the margin of an inscribed act, it is made by office.
The officer of the civil status that draws up or transcribes the act giving rise to the mention accomplishes it on the registries in their possession, in the three days of the redaction or the transcription of the act.
The irrevocable decision giving rise to the mention is transmitted without delay by the general registry to the officer of the civil status which accomplishes the mention, in the three days of the reception, on the registries in their possession.
If the double of the registry where the mention must be made is at the general registry, the officer of the civil status adresses a notice to the Attorney General which assures that the mention is done in an identical manner on the existing registries at the archives of the Ministry of State and the general registry.
Article 44.
Each custodian of the registries is responsible for the alterations that happens to it, except for their recourse, if needed, against the authors of these alterations.
Article 45.
The Attorney General controls the maintenance of the registries of the civil status. They verify the registries in the year of their deposit to the general registry.
Article 46.
In the cases of inexistence, loss or deterioration of the registries or, before they are joined, of the mobile sheets foreseen in article 35, or whenever these registries or mobile sheets present gaps, the facts or acts of interest to the civil status can be proven by all means.
The demand is formed against the public ministry.
The decision is transcribed on its date on the registries of the civil status. In the case where the registries have been maintained but present gaps, mention is made on the registry, on the date of the omitted act.
Article 47.
Every contravention to the dispositions of the present title or of those take for their application, committed by the agents in charge of the maintenance or of the conservation of the registries, is punishable by a civil fine which cannot exceed 300 impresas, without prejudice of damage-interests to the aggrieved persons.
Article 48.
The civil status of the Sovereign Family is regulated by special dispositions.
Chapter II. Of the acts of birth
Article 49.
The declaration of birth is made to the officer of the civil status in the five days following the childbirth. The day of the childbirth is not counted in this delay and when the last day of the aforementioned delay is a Saturday or a public recreational day, this delay is prolonged until the first workday that follows the Saturday or the public recreational day.
The act of birth is written immediately.
Article 50.
The birth of the child is declared by one of the parent or, in lack thereof, by the people having assisted to the birth or by the person with whom the parent is given childbirth.
Article 51.
The act of birth enunciates the date, the hour and the place of birth, the sex of the child or the mention that the sex is not disclosed, the first names that are given to the child, its name, followed if needed by the mention of the joint declaration of the parents on the matter of the choice made for the name of their child and the date at which it was established, as well as the first names, name, date and place of birth, occupation and address of the parents.
If the parents of the natural child, or one of the them, are not designated to the officer of the civil status, there are no mentions made on the registries on the subject.
Every act of birth of a natural child is made known by the officer of the civil status to the guardianship judge in the three days of its writing.
Article 52.
If a child is born during the voyage of a vessel flying the Sancratosian flag, the act of birth is written in the three days and is inscribed following the role of the crew, by the captain, master or owner of the vessel, the presence of a parent or, by default, of two witnesses taken from among the officers of the vessel or from the crew.
At the first port where the vessel enters :
1. If there exists a diplomatic or consular representative of Sancratosia, the captain, master or owner deposits, in their hands, an authentic expedition of the acts of birth that they have written;
2. If there are no representatives, an authentic expedition, approved by the representative of the local authority, is sent to the Ministry of State.
Chapter III. Of the acts of marriage
Article 53.
