Civil Code Chapter 2. Names

Chapter 2. Names

Art. 32.- Principle.

(1)    Every individual has a family name, one or more first names and a patronymic.
(2)    He shall be designated in administrative documents by his family name followed by his first names and by his patronymic.

Art.33.- Assumption of names.

(1)    A child shall have the name of his father.
(2)    Where the father of the child is not known, or the child has been disowned, the child shall have the family name of his mother.
(3)    The provisions of sub-art. (2) shall apply where the paternity of the child has been judicially declared.

Art.34.- Choice of first names-1 Principle.

(1)    The first name of the child shall be chosen by his father, or, in his default, by the family of his father.
(2)    An additional first name may be chosen for the child by his mother, or, in her default, by the family of his mother.
(3)    The mother, or, in her default, the family of the mother, may give two firs names to the child where his father is unknown or the child has no family on the paternal side.

Art.35.-2. Representative of the family.

(1)    The nearest ascendant and, in his default, the nearest relative in the collateral line is competent to represent the family for the purpose of Art.34.
(2)    In the case of equal degrees, the eldest ascendant or relative in the collateral line shall choose the name of the child.

Art.36.- Patronymic.

(1)    The child shall have the usual first name of his father as his patronymic.
(2)    A person shall have no patronymic where his father is unknown.
(3)    The patronymic shall be omitted in official acts if it is confused with the name.

Art.37- Declaration to the civil status.

The officer of civil status of the commune where the child is born shall be informed of the first names of the child and of his patronymic within ninety days following his birth, by the person who is bound to declare the birth of the child.

Art. 38- Forbidden first names.

(1)    A child may not receive purely and simply the first name of his father or of his mother or that of one his brothers or sisters who are alive.
(2)    He shall, in such case, have another first name which distinguishes him from them.

Art.39.- Unknown filiation.

(1)    A child whose father and mother are not known shall have the name and two first names which are given to him by the officer of civil status in his record of birth.
(2)    The name and first names shall be chosen from among names and first names common in the region.
(3)    Any person who shows that he has a material or moral interest may apply to the court, before the child has reached the age of five years to modify such name and first names.

Art. 40.- Name of married woman.

(1)    A married woman shall retain her personal family names.
(2)    She may, while her marriage lasts, be designated or designates herself by the name of her husband.
(3)    Such faculty shall continue, in her favour as well as to her prejudice, after the marriage, unless this has been dissolved by divorce  or the woman ha remarried.

Art. 41.- Name and first names of adopted child.

(1)    The adopted child shall take the name of the adopter.
(2)    He may, by virtue of the contract of adoption, receive a new first name and receive as patronymic the usual first name of the adopter.

Art. 42.- Change of family name.

(1)    The change of the family name of a person may be authorized, for good cause, by the court on the application of such person.
(2)    In deciding on the application, the court shall ensure that the interest of third persons is not prejudiced by the change of name.

Art. 43.- Change of family names.

The cancellation of one or more first names or the addition of a first name for a person may be authorized by the court on the application of such person.

Art. 44.- Agreements relating to name.

(1)    Any agreement relating to the name shall be of no effect under civil law.
(2)    Nothing in this Article shall affect the rules relating to trade names.

Art. 45.- Abuse of name.

(1)    The use of his own name by a person in the exercise of an activity connected with his calling may not have the object or the effect of causing prejudice, by means of a harmful  confusion, to the credit or to the reputation of a third person.
(2)    The provisions relating to unfair competition and to defamation shall apply in appropriate cases.

Art. 46.- Usurpation of name.

(1)    Whosoever bears a name may resist the usurpation of such name by a third person whenever such usurpation causes or is likely to cause a material or moral damage.
(2)    After the death of a person or if a person is not in a position to manifest his will, the same right appertains to each of his descendants and to his spouse, even where they themselves do not bear such name.
(3)    Damages for moral prejudice may awarded to the person demanding them if the usurpation of the name does not cease immediately, when such cessation has been demanded.