Change of first name, surname, French law, jurisprudence, Civil Code, article 60, article 331, paternity, filiation, legitimate interest, family judge
This document discusses the legal framework surrounding the change of first name and surname in France, including applicable laws and regulations, and case studies.
[...] He uses the second and wishes to change the order of these names for personal reasons. Can he make this change? Applicable Laws and Regulations: According to the new article 60, 'any person may request the civil registrar to change their first name.' In addition, this article specifies that the change of first name can be understood as 'the addition, suppression or modification of the order of the names.' Since the reform, the change of first name is now carried out before the civil registrar of the place of residence or the place where the birth certificate was drawn up. [...]
[...] However, in view of the circumstances, it is possible that the judge will refuse this addition on the grounds that it would be contrary to Diane's interests. If Diane is of an age to be heard, her wishes may be taken into account. Case Study 2 Alexandre has multiple given names, he is also called Paul and Jacques. Not liking Alexandre, which reminds him of a tragically deceased uncle, he has always been called Paul. He would like it to be his official name today. [...]
[...] The Court of Cassation leaves it to the sovereign appreciation of the judges of the facts. Thus, it admitted in a ruling of July that the Court of Appeal could admit the substitution of the father's name for the mother's name, but also in a ruling of May that the Court of Appeal could refuse the addition of the father's name to the mother's name. When the child is of an age to be heard, as was the case in the case that gave rise to the first ruling, his hearing participates in the determination of his interest. [...]
[...] Legal qualification of the facts : This is a case of a child whose maternal filiation was the only one established at birth and who therefore bears the mother's name. The child's mother wants to establish in court the paternal filiation of the child and would like to change the child's name to a compound name consisting of the names of both parents. Research and presentation of the applicable rule of law : Article 331 of the Civil Code specifies that when an action is brought to establish paternity, the court decides on the attribution of the name. [...]
[...] Solution : Considering previous jurisprudence and the reform of November Alexandre, who invokes both the use of his second first name and the fact that the first one reminds him of painful memories, should be able to change the order of his first names. However, in the event of a conflict, the assessment of the interest of this change will be left to the judges of the facts. He will have to formulate his request to the civil registrar of the place where his birth certificate was drawn up. [...]
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