Changing the Family Name by Administrative Means

• Author: Nicu Duret
• Position: Danubius University of Galati, Faculty of Law
• Pages: 434-436

Changing the Family Name by Administrative Means

Duret Nicu

Danubius University of Galati, Faculty of Law, duretnicu@univ-danubius.ro

Abstract: In the Roman law, changing the name was possible except for the case in which this change

would have been fraudulent. This possibility was kept also in the Middle Age but with s ome restrictions:

the handicraftsmen were not allowed to change their name when it served as a factory brand, the notary

could not change his name without having an authorization, and neither could he cha nge his normal

signature. Gradually, the monarchy increased its control in this matter , tending to transform a social

institution into a police one.

Keywords: person, petition, modification.

Changing the family name or the first name is that operation of replacing both or only one of the

names, at the request of the person who is interested in, with another name or first name by an

administrative disposition or after the administrative procedure1 has been run through.

In the Roman law, changing the name was possible except for the case in which this change would

have been fraudulent. This possibility was kept also in the Middle Age but with some restrictions: the

handicraftsmen were not allowed to change their name when it served as a factory brand, the notary

could not change his name without having an authorization, and neither could he change his normal

signature. Gradually, the monarchy increased its control in this matter, tending to transform a social

institution into a police one. Thus, in the ancient France, laws like “no citizen will have another name

or first name than the one written in his birth paper”, and “those who will abandon them will be forced

to take them again”2 have been issued.

The Romanian Government Ordinance no 41/2003 regarding obtaining and changing the names of

natural persons by administrative means, approved with modifications and completions by Law no

323/2003, with its later modifications and completions, is the centre of name changing by

administrative means. Thus, in art. 4 of this ordinance it is decided that:” the Romanian citizens, for

solid reasons, can get the changing of their family name and of their first name or only of only one of

them by administrative means”.

We consider that spiritually these new settlements consist mainly in three ideas:

• A higher flexibility in changing the name – the principle of non-changing name has

suffered a restriction;

• Protection of interests under age children;

• Protection of the new name compared with the old one.

We assess that the enlargement of the possibility of changing the name comes out from the fact that

the legislator specifies the rules in which such a request is grounded, unlike the old settlement which

included only a juridical formula – solid reasons (art.4 in the Decree no 957/1968).

1 P.Peţu, E.Velicu, V.Mardare, op. cit. p. 129-143.

2 H. Capitant, F. Terre, Y. Lequette, op. cit. p. 106.

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