Der Personenname in der romanischen Rechtsfamilie

Abstract

In the legal systems of the Romanic legal family four major types of attribution of the child’s name may be distinguished: 1) obligatory transmission of father’s name; 2) choice between father’s or mother’s name; 3) obligatory transmission of father’s and mother’s name; 4) choice between father’s name, mother’s name or father’s and mother’s name. There is a strong tendency towards a more liberal approach. Therefore, the fourth type is gaining importance. In the Romanic legal systems marriage has no influence on the legal name of the spouses. They keep their own name during the marriage. But most legal systems accept that the spouses have the right to use each other’s name.