GARDEL
Having come to light research on Argentina's Martina Iñiguez Carlos Gardel's schooling at a school in Montevideo, at the same time that Bertha Gardes arrived in Buenos Aires with his son Charles Romuald, two years and months, which proves the existence of two children , it is imperative to re-emphasize on the documentation used Carlos Gardel in his lifetime.
criticizes the French have strongly reiterated by misinterpretations of our legislation, including irony, insults and diatribes about who made the comments on the subject.
In principle, our attitude has been passive, we have not responded to the conclusions they have arrived with ill intent, but with so much verbiage, we give our contribution, with a positive legal analysis on the main documents of the protagonist.
1 .- REGISTRATION OF CITIZENS. ANALYSIS OF THE LEGISLATION
Acts Nos. 3028, 3029 and 3030 promulgated May 21, 1906 in the government of José Batlle y Ordóñez, regulate the consular, having on the organization of the consular corps, organization of diplomatic and consular rights fee. The corresponding decree for the implementation of these standards, recently was approved January 17, 1917 by President Baltasar Brum.
On the issue that concerns us, we emphasize the art. Act 33 of 3028 which prescribed the functions of consular agents, which gives officers the quality of Civil Status Register of notaries and translators of documents.
For its part, the decree in Chapter XIII of powers in relation to citizens Uruguayan Section II relates to the registration of citizens.
For Uruguayan citizens residing in foreign country may have the assistance or protection of consular agents and enjoy the rights and privileges that are accorded the laws or treaties are required who are registered in the Register of Citizenship (art . 82).
To this end, there are two types of entries, the first being the general, including those with documents from Uruguay and second which arises from a special procedure for those who lack such documents (art . 85).
In the general scheme or registration documents, should promote the process of displaying any document related to the art. 84, birth certificates or marriage certificates issued by the Civil Status Registry or church records, certificates of registration at another consulate, and any other authentic document issued by the authorities of the Republic.
In the second scenario, the exceptional standard, allows consular officers to register with the Registrar of the Registration, undocumented Uruguayan citizens, through a personal statement in the minutes signed by the registered, with the justification of citizenship Uruguay by two credible witnesses, national, if possible, which should also sign the respective minutes. (art. 86).
2 .- SUPPLEMENTARY PROOF OF STATUS
The city registration is registration in a record is made of people with the efficiency determined by laws or regulations and the subsequent effects they have (Cfme. Encyclopedia Legal OMEBAT. XIX, p. 130. - year 1964). Registration of citizens
undocumented by the consular agents is evidence of the State Civil extra. In fact, our Civil Code already provided in the absence of the testimony of Civil Status, replacing them authentic , by statements from witnesses to the facts of the status issue and in default of these tests the notorious possession of the marital status (art. 44).
Our country has been very generous in facilitating the entry in the records and Uruguayan undocumented immigrants who came from the most remote places on earth, with the impossibility of getting your originals.
In conclusion, the marital status of a person, is tested by normal means, the testimony of the records incorporated into the records of State Civil or extra tests, which are regulated by the Civil Code or special laws, such as the exceptional case where the law prescribes consular organization.
3 .- THE DEFINITIVE REGISTRATION CERTIFICATE
certificates and testimonials that are deducted from the civil status registers are public documents that he says, makes it certain states or something.
The certificate mentions that there is the inscription on one record and the transcript contains testimony from the minutes of registration
The decree of 1917 in art. Consular Agent 86 empowers the party concerned with a certificate of registration, the validity of one year. Art. 69 of decree determines that the actions authorized by the Office of and within the limits of its powers are full faith.
is, not to be confused entry in the registry that is permanent, the certificate or testimony, which only meet in order to prove the existence of registration.
4 .- IF GARDEL: Registration of Uruguayans.
Carlos Gardel in 1915 when it was not yet famous singer in his debut with José Razzano, at the Royal Theatre in Montevideo, the show's program, recently brought by the family of boxer Angelito Rodriguez, Uruguayan also engaged in an evening boxing on the same day and place includes the words the debut of "national duet" and "duo Creole Gardel-Razzano. The next day, the comments of the press, talks about the "young fellow" information given by the newspaper "Time" of Montevideo.
Thereafter, this increases the level of successful performances, so it implies the need to require a solution to the serious problem of identification. Having noted the recent
Uruguayan legislation to regulate states in documentation for Uruguayans abroad, Carlos Gardel is presented on October 8, 1920 to the Uruguayan Consulate of Buenos Aires.
Under consular laws of 1906 and the Decree of 1917, processing your application for registration of citizenship in the file serial number 10052, which states he was born in Tacuarembo, Uruguay, on December 11, 1887, be singles, artist, residing at Calle Rodríguez Peña 451 of Argentina's capital. The data filiatorios, referred to as Carlos father of Uruguayan , died, and mother to Mary, of the same nationality, also deceased. In place reserved for the "evidence presented" no evidence presentation any previous document. Include the name and signature of two credible witnesses, Razzano and a policeman living in Buenos Aires, Juan Laguisquet, both Uruguayan.
precaution is that in all documentation used during his life Gardel, none of them found his supposed mother Bertha Gardes, heiress turned into a holographic will, French alive in 1920, then just left to exist in 1943.
5 .- THE EFFECTS OF THE DEFINITIVE REGISTRATION
The necessary conclusions are as follows:
A) The personal appearance at the Uruguayan Consulate, integrates the category of cases Car registration, made possible by Article 86 of the Decree of 1917, Uruguayans abroad totally undocumented.
B) fulfilled all the formalities required by special legislation regulating the organization and consular Consular Agent acted within the limits of the powers he had to receive this exceptional type of registration of citizens.
C) The content of the minutes, was freely expressed by the respondent and witnesses corroborated by "reliable" nationals, persons of knowledge of him.
Consequently, the document was issued by authority competent within the limits of its powers, in the manner required by law and as such is a valid, effective, credible and binding for all purposes constitute an approval of an extra marital status, that validates it as such.
This certificate of registration has national registry value, extra records of Civil Status. is the extra test document of the registration of civil status, in the Book births, the birth of a human being. constitutes the identity of replacements for the birth certificate. Moreover was never contested or discussed during the lifetime of its owner, a fact which supports its effect.
LEGAL CITIZENSHIP 6 .- ARGENTINA:
With the certificates of registration issued by the Consular Agent Uruguayan, Carlos Gardel, then pass through the sieve of many steps that allowed him to obtain other documents which confirms the contents of the statement in the registration certificate of registration in the Uruguayan Consulate in Buenos Aires.
a few days, get the November 4 Argentina identity card No. 383017, which also has its source in Tacuarembó.
subsequently requested on March 7, 1923 the Charter of Citizenship Argentina. For this purpose accompany the testimony of two witnesses and two records, the birth certificate of the Consul of Uruguay and a certificate of good conduct issued by the Police No.218.125 the Federal Capital dated February 15, 1923, awarded by the Chief Research Eduardo Santiago. Having chosen
legal citizenship Argentina involved a voluntary decision, free expression of choice, volition and consciousness. It was a recognition of his artistic home, which nobody can deny.
Of course, such as imposed a solemn commitment to comply with the legal regime of their new homeland. Argentina
This citizenship certificate based on successful Nationality Uruguayan registry, was used to obtain personal documents, enrollment Book of June 21, 1927, the endorsement letter from Paris on March 16, 1931, the passport of Nice on 13 December 1932 and the card identity issued in San Jose, Puerto Rico on April 20, 1935. Consistently said in all his birth in Tacuarembo, Uruguay.
Arezo Dr. Carlos Posada Carlos Gardel Foundation Pte
CI 3226620-6