Naming law (Germany)

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The right to a name in the Federal Republic of Germany is determined by various regulations, in particular by the Civil Code . The naming rights consists of both the right to a name and from the right, which is made gives the name.

Regarding rules regarding the selection of first names for children , see also First names .

History of naming rights

Roman law

The right to a name was mentioned for the first time in the Roman Empire as part of general law and to that extent as a basic right of a citizen. According to the general legal validity of the Roman regulation, the choice of the first name and the family name was left to the discretion of the individual. This regulation remained unchanged until the late Middle Ages.

middle Ages

During the migration of peoples in Europe, one returned to one name. From the 8th century surnames were introduced to the given name in Germany. As a rule, these surnames (later surnames) indicated origin, place of residence, occupation, office or task, physical or mental abilities or special weaknesses. From the 15th century onwards , surnames were only inherited and the surname was no longer the individual characteristic of a special quality, ability or profession.

Modern times until World War I

On March 12, 1677, Ferdinand Maria , Elector of Bavaria , abolished the general freedom of names in his territory by mandate. The law remained ineffective due to the lack of threat of punishment and was not followed by the population. In particular, in many rural areas it was common for a farm or house name to be used, i.e. the family name was changed when a farm was taken over. The regulation was later adopted by other German countries.

In Prussia , parallel to the great Prussian legal reform, the use of foreign names was forbidden by law in 1794 . After this regulation was not observed either, another regulation followed on October 30, 1816, which now also forbade the use of foreign or invented names when threatened with a fine or arrest. Hessen-Darmstadt followed with a similar ordinance in 1810, Hamburg in 1815 and Saxony-Meiningen in 1876 as the last state. As early as April 15, 1822, a regulation stipulated that the nobility were allowed to pass on their titles.

With the "Most Highest Decree" of July 12, 1867, the Prussian king transferred the decision-making authority over name change requests in Prussia to the district governments (PreußGS p. 1310).

With the introduction of the Personal Status Act of February 6, 1875, surnames became unchangeable throughout the German Empire .

Weimar Republic

In the Weimar Republic on November 3, 1919, the decree of July 12, 1867 was repealed in full. For the first time in the history of the Name Change Act (NÄG), the legislature introduced an extensive legal regulation on name changes. So it said in § 1 Abs. 1 of the regulation (VO) of November 3, 1919: "The name is an external identifier of the person to distinguish it from other persons." Since the VO does not mention a descent function, it can be assumed that the At that time, the legislature granted the name with the identification function alone a differentiating function. The use of a pseudonym was permitted, but giving the wrong name to an officer was a criminal offense.

For the first time in the history of the NÄG, the legislature required a “brief” reason for a name change. In addition to the Germanization of a foreign name because it belongs to the German nationality, a broad spectrum of other permissible reasons was opened up: avoidance of the disadvantages of illegitimate birth, elimination of an offensive name “or the like”.

On October 29, 1920, the regulation of November 3, 1919 was supplemented with the regulation on changing first names . After that, the choice of first names was unlimited and even foreign characters were allowed.

On December 4, 1928, Hermann Schmidt ( Zentrum ), Minister of Justice under the Prussian Prime Minister Otto Braun ( SPD ) in the Braun III cabinet , issued an order to change family names. According to Paragraph 1 of this ruling, the President of the Regional Court decided on the Germanization of foreign names, whereby Section 4 (2) of the Regulation of November 3, 1919 (“briefly state the reason for the name change”) was deleted without replacement.

On November 21, 1932, the ordinance on the responsibility of family names followed by Reich Commissioner Heinrich Hölscher , who had been appointed provisionally to the post of Justice Minister by Franz von Papen in the wake of the coup-like Prussian strike on July 20, 1932 . In Section 2 (5), she gave an example of how to proceed with a change of name for foreigners. According to this, the mere translation of a name (e.g. Orlowski in Adler, Borkowski in Bork, Switalski in Lennartz, etc.) was to be treated as a German translation and therefore, as in 1928, only approved by the district president. The ordinance and the implementing provisions were drawn up by Hans Globke .

time of the nationalsocialism

What is noticeable about the aforementioned Hölscher regulation of November 21, 1932 is that the wording used there appears again unchanged in the relevant National Socialist ordinance of June 25, 1934 , with the important difference that all of these cases no longer only fell under a certain jurisdiction, but were now under an absolute ban. With the regulation of 1934 , which as a ministerial journal was only intended for the administration and was not published as a law, the official name change law (NÄG) of January 5, 1938 was anticipated. The content of the regulation from 1934 was completely identical to the new version of the NÄG from 1938 .

The ordinance of 1934 was supplemented by a circular issued on the same day by the Ministry of the Interior, intended only for administration, and signed by Minister of the Interior Wilhelm Frick . This contained the further guidelines for the processing of requests to change the family name. The circular was only published in the Ministerialblatt of the Prussian internal administration. It was not included in the Reich Law Gazette. In the official circular it said:

"Every change of name impairs the recognizability of the origin from a family, makes it easier to darken the civil status and disguises the bloodline. A name change can therefore only be made if there is an important reason that justifies the name change. "

As a rule, i.e. in principle, a change could no longer be allowed.

In the guidelines for the processing of applications ("Annex for the administration") it said:

"Requests by persons of non-Aryan descent to change their name will not be granted because changing the name would obscure their non-Aryan descent. Foreign names are not allowed as family names."

As a rule, a name change was therefore prohibited.

Every citizen was now registered pedantically according to his name and his presumed ancestry derived from it. The screening of their own population according to race criteria was carried out with the greatest meticulousness at the registry offices.

The final revision of the NÄG of January 5, 1938 was the official version of the internal agency regulation of June 25, 1934 . Both were identical in content. The new version of the NÄG of 1938 ( Name Change Ordinance ) consisted of only 4 paragraphs and had the sole purpose of systematically recording Jews in the official name register.

  • Paragraph 1 obliged the Jews to attach only the names intended for them, i.e. H. "Israel" or "Sara" depending on gender.
  • Paragraph 2 obliged the Jews, insofar as they had names other than those provided, to use them as their middle names.

This also applied to entries in identity cards, passports, etc., on presentation of which the affiliation of the name bearer to Judaism was immediately apparent.

With the NÄG Ordinance of January 24, 1939 , the regulations applicable in the Reich territory based on the NÄG of January 5, 1938 (or August 17, 1938) were transferred to the affiliated Austria and the incorporated Sudetenland by law.

After 1945

After the end of the Second World War , after the surrender on the first working day of the Legal Directorate of the Allies on September 20, 1945, the Second Ordinance of the NÄG of 1938 was repealed. As early as March 1948, however, with the establishment of Trizone (later the Federal Republic of Germany ) in the wake of the looming Cold War, a number of administrative matters that had previously been carried out by the Allied Control Council were returned to the area of ​​responsibility of (West) German officials. On May 7, 1954, the Federal Administrative Court declared the NÄG to be federal law according to Article 125 of the Basic Law .

Right from a name

The naming right as absolute right is regulated in Germany in § 12 BGB . It expires with the death of the person concerned (see postmortem personal rights ).

The bearer of a name can prohibit an unauthorized person from using his name and, if he is concerned about further unauthorized use, can make a claim against him . Furthermore, the name holder can demand compensation if he has suffered damage as a result of the unauthorized use. The unauthorized person has to surrender what he has obtained as a result of the unlawful use of the name to the authorized person via the intervention condition .

These claims apply to names that are used in advertising (someone has items of clothing made with this imprinted name without Boris Becker's consent ) or to the assignment of domain addresses (someone registers a domain address under his or her name, or under another name, which is a well-known company , for more details see: Domain Name Law ) always plays a role.

However, a distinction must be made between absolute naming rights and trademark rights , which protect trademarks (registered or protected by use) that are not the name of a person. Company law regulates the name under which a merchant conducts his business and provides signatures .

In contrast to copyright law, the right to a name only includes the use of the name, but not the mere mentioning of it.

Right to a name

The right to a name can result from civil or public law regulations.

Civil regulations

Applicability of German law

See also: International Private Law

In Germany, the civil provisions on names are generally only applicable to Germans. German authorities - especially the registry offices - and courts generally apply to a foreigner the law of the state to which the foreigner belongs ( Art. 10 EGBGB ). In the case of a Convention refugee , according to Art. 12 No. 1 of the Geneva Refugee Convention, the connecting factor of nationality is replaced by domicile or place of residence.

Married name

Special features apply to married names if at least one of the spouses is a foreigner. In this case, the spouses can choose the law of the state to which one of them belongs for the married name according to Paragraph 2 of Art. 10 EGBGB . This means that foreign law can become authoritative. If both spouses are foreigners, they can choose German naming rights instead of one of their home rights if one of them has his habitual residence in Germany.

Child's name

Regarding the child's name ( last name 3 of the can) to para. Art. 10 EGBGB also Notwithstanding the principle of citizenship of the child, the naming rights of the state are from the person having custody declared applicable, the belonging to a parent, under German law, if a parent his habitual residence in Germany or according to the law of the state to which a person giving the name belongs.

Change of naming rights

If the name, which was previously subject to a foreign legal system, is now judged according to German law, because the name bearer z. B. was naturalized , was recognized as a refugee, or in the case of a spouse who has moved his permanent residence to Germany, his name will initially remain in place (identity-preserving change of statutes).

However, an adjustment can be made according to Art. 47 EGBGB . Accordingly, the first and last name can be determined from the proper names (sorting declaration) or, if a first or family name is missing, one can be selected. Name components can be stored that are not provided for by German law (e.g. intermediate names , patronymic ). If, according to the foreign legal system, the original name is modified according to gender or relationship, the original form can be chosen. A foreign name can be Germanized ; the spelling can be adjusted. If there is no German equivalent for a first name , this can be selected again.

Family law

As far as the right to a specific name is judged according to German law, the following regulations apply. The child's first name is chosen by the parents (or the sole custodian ). The following applies to the surname :

Acquiring a name through birth

A newborn child receives the married name of the parents as the surname ( Section 1616 BGB).

The parents can choose a common family name. This is officially referred to as "married name" according to § 1355 BGB. If the parents have not defined such a married name, a distinction must be made: If the parents have joint custody , the parents must mutually determine the child's surname vis-à-vis the registrar , whereby they can choose the name of the father or the mother ( § 1617 Paragraph 1 BGB); A double name , made up of father and mother names, was only possible during a brief transitional period from 1991 to 1993, after which it was banned again.

→ Main article: Double name (surname)

If the parents fail to make a decision within one month, the family court transfers the right of determination to one of the parents. The determination of the family name also applies to the other children together who are born later. If one parent has sole custody and does not have a common family name with the other parent, the child is given the name of the custodian at the time of birth according to Section 1617a, Paragraph 1 of the German Civil Code.

In practice, the following groups of cases arise:

  1. if the parents are not married to each other when the child is born , the illegitimate child is usually given the name of the mother, unless both parents have made a declaration of custody for the illegitimate child in accordance with Section 1626a, Paragraph 1, No. 1 BGB;
  2. if the parents of a child born in wedlock who are jointly entitled to parental custody have not determined a common married name in accordance with Section 1355, Paragraph 1, Clause 2 of the German Civil Code, the parents determine the child's family name in mutual consultation.

Subsequent change of surname for minors

Subsequent joint custody

If joint custody of the parents is established after the birth, the parents have the right to redefine the family name of a child within 3 months ( Section 1617b (1) BGB). As a rule, such a justification takes the form of a subsequent marriage in accordance with § 1626a Paragraph 1 No. 2 BGB or a joint, publicly certified declaration of custody by the parents in accordance with § 1626a Paragraph 1 No. 1 BGB. If the child has already reached the age of 5, their consent is also required. Here it can be legally represented by a supplementary carer. From the age of 14, however, the declaration is required in person .

Until the Children's Law Reform on July 1, 1998, the name changed a non-marital parental (child by subsequent marriage legitimacy ) by law. The child was then given the married name. Since then, the explicit legal distinction between legitimate and illegitimate children has been abolished and the legitimacy has been abolished without replacement.

On the occasion of the marriage and the choice of a common married name, however, this is usually also determined as the child's surname, so that the effects of the automatic legitimation according to the old law are achieved.

Avoiding paternity

If a child bears the man's name as the maiden name, if the paternity of a child has been successfully challenged, the child receives the name at the man’s application, or, if the child has reached the age of five, also at his application, which the mother led at the time of the child's birth ( Section 1617b (2) BGB). The application is made in a publicly certified form to the registrar. A child who has reached the age of 14 can only make the declaration in person; In addition, a supplementary carer is appointed.

Naming

A child can receive the married name of a parent with custody and his / her spouse who is not a parent ( stepparent ) by means of a notarized declaration to the registrar (naming, § 1618 BGB), if it has been accepted into the common household of the parent and stepparent. The other birth parent must also consent if he is co-owner of custody or if the child bears his name. The consent of the other parent can be replaced by the family court for reasons of the best interests of the child . The consent of the child affected by the name change is also required when it has reached the age of 5 (in the case of a minor, a supplementary carer may be represented).

When naming, a double name can be formed (a previous surname can be prefixed or appended with a hyphen).

Once a nomination has been made, it can no longer be revoked under civil law even if the marriage of the parent to the stepparent is divorced or dissolved.

Granting the name of the non-custodial parent

If only one parent has sole custody, he or she can give his unmarried minor child the name of the other parent in accordance with Section 1617a (2) BGB. This requires the consent of the other parent and the child if the child has already reached the age of five. Here, too, it may be legally represented by a supplementary carer.

Later determination or change of a married name

If parents only determine a married name after the child is born in accordance with Section 1355 Paragraphs 2 and 3 BGB, this also extends to the child ( Section 1617c Paragraph 1 BGB). If the child has already reached the age of 5, the child's name will only change if the child joins the name change. If necessary, it can be legally represented by a supplementary carer. If the child affected by the name change is married and if the married name of the child is also affected by the later determination of the married name of the parents, the child-in-law must also join the name change.

The same applies as for a later determination of a joint married name if the married name that has become the child's maiden name § 1616 BGB ( § 1617c Paragraph 2 No. 1 BGB) changes subsequently. This can happen, for example, through the adoption of the eponymous parent or through a change of name under public law.

Adoption and permanent care

In the case of adoptions, the child receives the surname of the adoptive person as the maiden name . If a married couple without a married name accepts a person as a child, the name is given in the same way as for a child of a married couple without a common married name. If the child has reached the age of five, it must consent to the determination of the adopters ( Section 1757 BGB). The latter is done for underage children by the youth welfare office as official guardian according to § 1751 BGB. If a child who grew up in the family (e.g. a foster child ) is not adopted until after reaching the age of majority ( Section 1772 BGB), an adoption under the law of minors can also then take place; in this case, may the name of the adopting family will be accepted.

At the request of the adopting person, the guardianship court can also change the first name of the adopted child or add further first names. The current name of the child (with a hyphen) can also be prefixed or added to the new family name if this is necessary for the best interests of the child.

In the case of children in permanent family care , the name of the child can also be changed at the request of the legal guardian, provided this appears necessary for the child's successful development (No. 42 NamÄndwV).

Family name after marriage / partnership

Marriage

In the event of marriage , the spouses should choose one of the two family names as the married name ; otherwise both will continue to use their previous names. Those who adopt a married name can prefix or add their previous family name with a hyphen (in Austria: § 93 ABGB ) ( § 1355  Paragraph 4 S. 1  BGB ). According to § 1355  Abs. 4 S. 2 and 3 BGB the number of single names in the compound name must not exceed two . With the judgment of the Federal Constitutional Court of May 5, 2009, the compatibility with the Basic Law of this restriction to a so-called "married double name" was confirmed.

If one of the spouses has a foreign nationality or several nationalities, the spouses can, in exercising their right to self-determination, choose their future surnames in accordance with the law (if applicable one ) of the state to which the foreign spouse belongs ( Art. 10  Para. 2 No. 1  EGBGB ). This means that foreign naming law is relevant. In the case of marriage abroad, a declaration to the competent foreign registrar is sufficient, provided that the local law allows the same options as the German. Foreign double names can also be designated as married names. A divorced or widowed spouse keeps the married name, but can reapply, prefix or add his maiden name (or the name used before the marriage).

If a parent resumes their previous family name after the divorce, this change of name does not apply to the children living with them. In principle, the children cannot get the divorced parent's maiden name as a family name even if the other parent agrees, as there is no corresponding legal regulation. In these cases, an official "name change for an important reason" according to the Name Change Act ( see below ) can be considered. Just the wish that the children should have the same family name as z. B. the mother with whom they live does not constitute an important reason according to the case law.

Before the marriage law reform in 1976/77 , the husband's name was always the married name of the couple; Since 1957, however, the woman has at least been able to add her own family name to the married name. The man could forbid the woman to continue his name if the woman was divorced guilty . Since a decision by the Federal Constitutional Court in March 1991, it is also possible not to specify a married name. Initially temporarily and with the revision of the entire naming law in 1993, if a married name is not declared, each spouse retains the name in use at the time of the marriage ( separate name use ) until the spouses at any point in time determine a married name to the registrar by means of a publicly certified declaration.

Once a married name has been determined, it cannot be revoked until the marriage has ended.

Partnering

In the Civil Partnership Act (LPartG), in analogy to married names, numerous regulations on a civil partnership name are laid down (cf. § 3  LPartG).

Public law regulations

Official name change

history

In the current naming law, the principle of the immutability of the name applies. The name may not be changed arbitrarily or without authorization. Until the beginning of the 19th century, the common law still largely applied, according to which anyone could change their name if this was done without fraudulent intent. However, name changes usually only occurred under special circumstances. For example, in some areas it was customary for a farmer who married into a farm to be named by the name of the farm and then to keep that name instead of his previous name.

The consistency of the name was important as a distinguishing mark within the social community. The first name was also written down by the religious act of baptism, so that changes rarely occurred here either.

Very often, however, there were minor changes in the spelling of the first or last name, which sometimes occurred as a result of different spelling habits or mistakes by officials who were able to write. Such variations were not taken as a name change in the real sense.

It was only when the state's administrative activity became more complex that the view emerged that changing the name or even changing the name on its own was contrary to the state's need for order.

For the Name Change Act, the Name Change Ordinance was passed in 1938, which imposed an additional first name (Sara or Israel) on Jewish citizens. This ordinance was repealed in 1945.

Current regulation

According to the law on changing family names and first names , changing the name of a German or a stateless person, refugee, asylum seeker with residence or habitual abode in Germany ( Section 1 NamÄndG) is possible for an important reason . A foreigner is referred to the name change authority of his / her home country. Public name changes are not possible if there are corresponding civil regulations.

Change of surname

The following are considered to be important reasons for changing the surname:

  • Names that appear several times in the immediate area of ​​life of the name bearer if there is a risk of frequent confusion (No. 34 NamÄndVwV);
  • Collective names (name often occurring in the entire area of ​​application of the law or in larger sub-areas) (No. 34 NamÄndVwV);
  • Offensive or ridiculous-sounding names or names that give rise to frivolous, inappropriate play on words, whereby the offensive or ridiculousness is to be judged according to the objective standard of general experience and special reasons, for example in the person, the profession or the environment of the applicant, must be taken into account (No. 35 NamÄndVwV);
  • Names that cause difficulties beyond the norm in spelling and pronunciation (No. 36 NamÄndVwV);
  • Double names or very long names (No. 36 NamÄndVwV);
  • Names with orthographic problems with ß , ss or umlauts that lead to a significant handicap (No. 38 NamÄndVwV);
    • On October 1, 1980, the Federal Administrative Court ruled once again that the incorrect reproduction of special characters on electronic systems for technical reasons could be an important reason for changing the family name (the plaintiff wanted to change the spelling of his name from G Ö TZ to G OE TZ , but initially failed at the registry office; file number: 7 C 21/78). A mere change in the spelling is also legally considered a change of name. In German identity cards and passports but names are displayed correctly with special characters in the upper part, but must be circumscribed in machine-readable part (z. B. M Ü LLER → M UE LLER, WEI ẞ → WHITE SS ). Two different spellings in the same document (or different spellings in different documents, as e.g. some credit cards only have the spelling with the replacement of the special characters) sometimes cause confusion and give the impression of a forgery, especially abroad. It is recommended to use the exact spelling used in the machine-readable part of the passport for flight tickets, visas etc. and to refer to this in case of doubt.
  • Change of the family name of a criminal and his relatives, if the family name is a rare or unusual one and is closely connected to the crime and the perpetrator through the reporting of the crime, to facilitate rehabilitation or to protect against harassment (No. 39 NamÄndVwV);
  • Adaptation of the child's surname to the new name of the parent with custody, which he / she has through remarriage, if, in exceptional cases, there is an overriding interest in the name change (No. 40 NamÄndVwV);
  • Adjustment of the name of an illegitimate child who, as a result of naming, bears the name of the stepfather, after the divorce of this marriage to the new name of the mother (No. 41 NamÄndVwV);
  • Adaptation of the name of a foster child to the name of the foster parents if adoption is not an option (No. 42 NamÄndwV);
  • Renaming of ethnic Germans in foreign languages (No. 44 NamÄndVwV);
  • Restoration of a denomination of nobility revoked by Estonia, Lithuania, Romania or Czechoslovakia (No. 45 NamÄndVwV);
  • Permission to use a name associated with a farm or company (No. 47 NamÄndVwV);
  • Elimination of the limping naming of a multi-national citizen (No. 49 NamÄndVwV);
  • Change to a name that has been used in good faith but illegally for many years (No. 50 NamÄndVwV).

The adjustment of peculiarities of a foreign naming law or the Germanization of foreign names, which was previously possible under the public naming law, "if the family name shows the foreign origin of the name bearer to a particular degree and the applicant attaches importance to a more inconspicuous family name in the interest of further integration “(No. 37 NamÄndVwV), became obsolete with the entry into force of Art. 47 EGBGB on May 24, 2007.

Members of recognized autochthonous minorities in Germany ( Sorbs , Frisians , Danes , Sinti and Roma ) can easily change their surname or first name from a German spelling to the name form in the minority language due to the Minority Name Change Act (MindNamÄndG). The female form of the surname used by Sorbs and other Slavs is not permitted.

Change of first name

A change of the first name is also possible within the framework of the Transsexual Act ( § 1 TSG). As a result of a decision by the Federal Constitutional Court, the corresponding paragraph has been designed in such a way that it is also directly applicable to foreign citizens, provided they have their habitual residence in Germany and the naming law of their home country does not have any comparable regulations ( Section 1 (1) No. 3 TSG).

Since November 2010, a given name is no longer determined or marked in ID cards with multiple first names. The entry into force of the 2nd Civil Status Amendment Act has made it possible, since November 1, 2018, to redefine the sequence of several first names outside of an official name change procedure by declaring the name bearer to the registry office (first name sorting, § 45a PStG ). A change in the spelling of the first name as well as the addition of new first names or the omission of first names is not permitted (Section 45a, Paragraph 1, Clause 2 HS 1 PStG).

Transliteration

If a script other than Latin is used in the home country of a foreigner, according to whose legal system his name is generally based, his name must be used in the German civil status registers, which are kept in German in accordance with Section 2 (1) of the Civil Status Ordinance Name can be transferred from the foreign script into the Latin script. According to Art. 3 CIEC No. 14, the transmission takes place without translation and, as far as possible, by means of literal translation ( transliteration ), whereby ISO recommendations (if available) must be taken into account. This also applies if, according to the passport law of the foreigner's home country, a phonetic description in Latin script ( transcription ) is announced.

Noble

Part of the name

In the German Reich in 1919, Article 109, Paragraph 3 of the Weimar Constitution abolished the privileges of the nobility. Former titles have since been listed as part of the name and can no longer be awarded. The feminine form of the title is used for women, so the surname exists in two or three different versions as an exception. Male descendants are thus called, for example, "Freiherr von", female "Freiin von", the wife who takes the man's name is called "Freifrau von". This practice was declared legal by the Reich Court in 1926.

In the case of a foreigner whose home state also has the nobility as part of the name, the nobility designation is also observed in Germany via Art. 10 EGBGB. If a foreign state has completely revoked the title of nobility and a foreigner who belonged to this state acquires German citizenship, the loss of a noble part of the name remains legally valid according to his former home law due to the identity-preserving effect of the change of statutes.

Nobility

If a foreign state grants titles of nobility as a status feature, this only affects the public law of that state. If a German citizen is raised to the nobility by a foreign power, he therefore does not get a noble name in Germany. If a foreign citizen is raised to the nobility, his / her home law determines whether the ennoblement also has an effect under civil law. This civil law effect is then also taken into account in Germany via Art. 10 EGBGB.

See also

literature

Issue 4/2002 of the journal FPR (Family, Partnership, Law) deals with questions of civil and public name law:

  • Hepting: Basics of the current surname law, FPR 2002, 115
  • Sacksofsky: On the new double name judgment of the Federal Constitutional Court, FPR 2002, 121;
  • Gaaz: Problems of naming according to § 1618 BGB, FPR 2002, 125;
  • Salzgeber / Stadler / Eisenhauer: The family name as an identity feature; FPR 2002, 133;
  • Beck: Changes to family law legislation and consequences for public naming law, FPR 2002, 138.

Individual evidence

  1. ^ How names can change , in Der Genealogische Abend , August 21, 2004, accessed November 7, 2017.
  2. ↑ BGH, judgment of October 5, 2006 , Az. 1 ZR 277/03, full text.
  3. ↑ In international private law, the married name is not qualified as a general marriage effect according to Art. 14 EGBGB, Christian von Bar, IPR Volume II Rn. 119, 71.
  4. ↑ Federal Ministry of the Interior naming the spouses according to foreign law ( memento from December 1, 2017 in the Internet Archive )
  5. ↑ BGH, decision of March 21, 2001 , Az. XII 83/99, full text = BGHZ 147, 159, 168.
  6. ↑ Art. 47 EGBGB comes into force on January 1, 2009 through the Civil Status Reform Act; until then, the principles of case law continue to apply
  7. ↑ for emigrants applies § 94 Bundesvertriebenengesetz
  8. ↑ Ute Sacksofsky: Marital naming rights under the sign of equality . In: L 'Homme: European Journal of Feminist History . tape 20 , no. 1 , 2009, p. 75-90 .
  9. ↑ but note § 1 NamÄndG i. V. m. No. 41 NamÄndVwV
  10. ↑ BVerfG, 1 BvR 1155/03 of May 5, 2009 , Az. 1 BvR 1155/03, full text.
  11. ↑ BVerfG, press release No. 47/2009 of May 5, 2009.
  12. ↑ BGH, decision of December 23, 1998 , Az.XII ZB 5/98, full text.
  13. ↑ BVerfG, decision of the First Senate of March 5, 1991, Az. 1 BvL 83/86 and 24/88, BVerfGE 84, 9 .
  14. ↑ Second Ordinance on the Implementation of the Act on Changing Family Names and First Names ( Memento of December 6, 2018 in the Internet Archive )
  15. ↑ Control Council Act No. 1 regarding the repeal of Nazi law ( memento of October 17, 2018 in the Internet Archive )
  16. ↑ No. 1, No. 3 Name change administration regulation
  17. ↑ With the entry into force of Art. 47 EGBGB on January 1, 2009, this case group will lose a lot of its importance
  18. ↑ According to Section 1618 of the German Civil Code (BGB), the consent of the other parent whose name the child bears would be required for the naming, even if the latter is not custodial.
  19. ↑ In principle, the naming of the child is irrevocable.
  20. ↑ BVerwG, judgment of March 20, 2002 , Az. 6 C 10.01, full text.
  21. ↑ Text of the Minority Name Change Act (PDF; 30 kB)
  22. ^ SZ / the: Federal government checks rules for Sorbian names. In: sz-online October 1, 2018
  23. ↑ BVerfG, decision of July 18, 2006, Az. 1 BvL 1, 12/04, BVerfGE 116, 243 .
  24. ^ Draft of a second law to amend the provisions of civil status law (2nd Personal Status Law Amendment Act - 2nd PStRÄndG) BT-Drs. 18/11612 of March 22, 2017, pp. 20/21
  25. ↑ Second law amending personal status regulations (2nd Personal Status Law Amendment Act - 2nd PStRÄndG), Federal Law Gazette I p. 2522
  26. ↑ The order of first names can be redefined in the future. Website of the German Bundestag, accessed on December 2, 2018
  27. ↑ International Commission on Civil Status, Convention No. 14
  28. ↑ Bernhard Seeger: The marriage and civil partnership name in notarial practice ( Memento from March 20, 2012 in the Internet Archive ), in communications of the Bavarian Notarial Association , ISSN  0941-4193 , July / August 2002, Munich 2002, p. 230. (PDF )
  29. ↑ deJure full text (subject to subscription): Noble names. In: DeJure. DeJure, accessed June 14, 2020 .
  30. ↑ Heldrich in Palandt Art. 10 EGBGB marg. 10.
  31. ↑ Christian von Bar in IPR Volume II § 1 Rn. 92

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