Changing the Family Name by Administrative Means

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

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... (see full summary)

 
FREE EXCERPT
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.
434

To continue reading

REQUEST YOUR TRIAL