Law of Persons-Names: Key Terms

Family Name The hereditary name shared by members of a family, forming part of an individual’s full designation (Art. 32(1)).

First Name(s) One or more personal names given to an individual, distinct from their family name and patronymic (Art. 32(1)).

Patronymic A name derived from the usual first name of an individual’s father, forming part of their full designation (Art. 32(1), Art. 36(1)).

Administrative Documents Official records or papers issued by governmental authorities, where an individual is designated by their full name (Art. 32(2)).

Assumption of Names (for a child) The legal process by which a child acquires their family name, typically from their father, or from their mother if the father is unknown or has disowned the child (Art. 33).

Choice of First Names The process by which a child’s first name(s) are selected, primarily by the father, or by the father’s family in his default, with the mother or her family having the option to choose an additional first name (Art. 34).

Representative of the Family (for naming) The nearest ascendant and, in his default, the nearest relative in the collateral line who is competent to choose a child’s first name in the father’s default (Art. 35(1)). In cases of equal degrees, the eldest holds this right (Art. 35(2)).

Officer of Civil Status An official responsible for registering births, deaths, marriages, and other civil events, and to whom a child’s first names and patronymic must be declared within ninety days of birth (Art. 37).

Forbidden First Names Specific first names that a child may not receive purely and simply, such as the exact first name of a living parent or sibling, requiring an additional distinguishing first name (Art. 38).

Unknown Filiation The legal status of a child whose father and mother are not known, leading to the civil status officer assigning their name and two first names (Art. 39(1)). These assigned names should be common in the region (Art. 39(2)), and can be modified by court order before the child turns five if there’s a material or moral interest (Art. 39(3)).

Name of Married Woman The personal family name that a married woman retains, with the faculty to also be designated by her husband’s name during the marriage and, under certain conditions, after its dissolution (Art. 40).

Adopted Child’s Name The name taken by an adopted child, which is the family name of the adopter. The child may also receive a new first name and the adopter’s usual first name as a patronymic through the adoption contract (Art. 41).

Change of Family Name The legal process allowing a person to alter their family name, authorized by a court for good cause, provided it does not prejudice the interest of third persons (Art. 42).

Cancellation/Addition of First Name(s) The legal authorization by a court to remove or add one or more first names for a person upon their application (Art. 43).

Agreements Relating to Name Any contractual arrangement concerning a person’s name, which is generally of no effect under civil law, excluding rules related to trade names (Art. 44).

Abuse of Name The use of one’s own name in a professional activity in a manner that causes prejudice or harmful confusion to the credit or reputation of a third person (Art. 45).

Usurpation of Name The unauthorized use of a person’s name by a third party that causes or is likely to cause material or moral damage. The person whose name is usurped, or their descendants/spouse after death or incapacity, can resist such usurpation (Art. 46).

Moral Prejudice/Damages Non-pecuniary harm or injury to a person’s feelings, reputation, or dignity, for which compensation may be awarded, particularly if the usurpation of a name does not cease immediately upon demand (Art. 46(3)).

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