The fact of kinship relations cannot be established if the applicant's appeal to the court is caused by the presence of incorrect entries in the acts of civil status.
Tsch., born on November 26, 1962, appealed to the court to establish the fact of family relations between him and N., who died on October 14, 2013. He stated that N. was his mother, and the establishment of this fact was necessary for him to obtain a certificate of inheritance, but he could not do so, since the birth certificate listed the mother as "N." The court considered the application on the merits and satisfied the stated requirements. He applied to the court to establish the legal fact of kinship between I., who died on July 18, 2015, and the applicant with the degree of kinship between mother and son, arguing that the deceased I. was his mother, but his mother's name was indicated on his birth certificate as "Izatima". This fact prevents the inheritance from being received after her death, which is confirmed by a notary's decision to refuse to perform a notarial act. The authorized body refused to make corrections to the registration records, since there is no registration record of I.'s birth.
The fact of kinship relations cannot be established if the applicant's appeal to the court is caused by the presence of incorrect entries in the acts of civil status.
At the hearing, it was established that I., born on September 25, 1938, died on July 18, 2015. According to the birth certificate of the applicant A., born on December 7, 1974, the name "Izatima" is indicated in the column mother. In the marriage registration certificate of the applicant's parents, the mother's name is also indicated as Izatima. It is not possible for the applicant to confirm the degree of kinship in any other way, since I. died, and there is no record of her birth. The establishment of kinship is necessary for the applicant to formalize the inheritance left after the death of his mother. Thus, the court satisfied the applicant's claims and established the fact of A. and I.'s relationship. These examples indicate the judges' lack of knowledge of the provisions of legislation and judicial practice in cases of establishing facts of legal significance, incorrect and broad interpretation and application of Chapters 31, 32 of the CPC, since such cases are subject to consideration in accordance with the procedure provided for in Chapter 44 of the CPC..
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