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Article 3 - Name

  1. Every person has the right to a name. The name is an attribute of personality and is protected by law.

  2. The full name of a person comprises:

  1. One or more given names, chosen by the parents or, in their absence, by the person exercising parental authority or guardianship.
  2. A family name, determined in accordance with the rules set out in this Article.
  1. The family name of a child is determined as follows:
  1. Where parentage is established with respect to both parents, the parents shall jointly choose the family name of the child from among the family name of either parent, or a combination of both in an order of their choosing.
  2. Where the parents cannot agree, the child shall bear the family names of both parents in alphabetical order.
  3. Where parentage is established with respect to one parent only, the child bears the family name of that parent.
  4. Where parentage is unknown, the competent authority shall assign a family name to the child.
  1. The name of a person is determined at birth and recorded in the civil status register. A person may apply to the competent authority for a change of given name or family name. A change shall be granted where:
  1. The existing name causes serious prejudice, ridicule, or hardship.
  2. The applicant has habitually used another name for a substantial period and the change reflects established usage.
  3. The change is consequent upon a change in personal status, such as adoption or judicial determination of parentage.
  4. Any other just cause exists, as determined by the competent authority.

  1. A change of name takes effect upon registration in the civil status register and does not affect rights or obligations acquired under the former name. Third parties who dealt with the person under the former name may continue to rely on that name until they have actual or constructive notice of the change.

  2. Upon marriage, each spouse retains their own name. A spouse may elect to use the family name of the other spouse, or a combination of both names, as a name of usage; this does not alter the name recorded in the civil status register unless a formal change is applied for and granted.

  3. The name of a person is protected against unauthorised use. In particular:

  1. No person may assume the name of another in a manner likely to cause confusion as to identity.
  2. A person whose name is usurped or misused may seek a cease of such use, rectification, and damages from the offender.
  1. Pseudonyms and customary names may be recognised for particular purposes, including artistic, literary, or professional activity, but do not replace the name recorded in the civil status register. A pseudonym that has acquired general notoriety may receive protection analogous to that of the registered name.