The right to name is the right that citizens enjoy in accordance with the law to decide, use, and change their names. The law stipulates that for acts of interfering with, misappropriating, or counterfeiting other people's names, the perpetrators should be held civilly liable. The right of a legal person's name is the right that a legal person enjoys in accordance with the law to decide, use, and change its own name, and to exclude others from interfering, misappropriating, and counterfeiting. The law stipulates that corporate legal persons, individual industrial and commercial households, and individual partnerships have the right to use and transfer their names in accordance with the law.
Legal Provisions
Article 99 of the "General Principles of Civil Law" also stipulates that citizens enjoy the right of name and have the right to decide, use and change their names in accordance with regulations, and prohibit others from interfering, misappropriating, Impersonate.
Article 18 of the "Household Registration Regulations" stipulates that citizens who want to change their names must comply with the following regulations: When citizens over the age of 18 need to change their names, they must apply to the household registration authority for change registration.
The main legal characteristics of name rights are.
First, the subject of the right to name can only be a natural person, and legal persons do not enjoy the right to name. Only the written mark of a natural person's personality is called a name, so natural persons enjoy the right to a name. The textual mark of a legal person's personality is its name, and it enjoys the right to name.
Second, the object of the right to name is the natural person’s exclusive right to the textual identification of his or her personality. The core issue of name rights is exclusive rights, which cannot be enjoyed or used by others, but can only be enjoyed and used by the right holder himself. The exclusive object is the personal character mark of a natural person, which includes not only the official registered name, but also pen names, stage names, aliases, etc.
Third, the basic obligation of name rights is not to illegally interfere with or use other people’s names. The right of name is an absolute right and a right against the world. Except for the person with the right of name, everyone is the subject of obligations and has the obligation not to infringe on his right of name.
Naming rights
The right to name, also known as the right to name, is the right of a natural person to decide which caste, name, and combination thereof to adopt. The naming right of a natural person is exercised by the head of the household, relatives, caregivers, or neighbors after birth, but this does not affect the right to change the name once the person has the ability to name.
No one has the right to interfere with the right of self-naming. In principle, a natural person cannot choose a surname. In real life in our country, it is customary for children to take their father's surname, but Article 22 of my country's current Marriage Law stipulates: "Children can take their father's surname, or they can take their mother's surname." If a natural person re-chooses a surname in accordance with the law, the law should not interfere. Even if a woman adds her husband's surname to her own name after marriage, it is still based on the will of the parties concerned.
The name of a natural person is generally determined by his parents when he is born, but this is not a denial of the right to self-naming. In fact, it is a manifestation of parental authority and an act of agency by parents to implement parental authority.
After a natural person reaches adulthood, he or she can also change his or her name through name change procedures. Another manifestation of the right to self-naming is the right of natural persons to choose their own aliases. They can determine pen names, stage names and other corresponding names other than their registered names according to their own will and wishes. No one is allowed to interfere.
Extended information:
Judicial Interpretation
The Civil Law stipulates that "citizens enjoy the right to name and have the right to decide, use and change their names in accordance with regulations", and The Marriage Law stipulates that "children can take their father's surname or their mother's surname." In practice, there are inconsistencies in the understanding and implementation of the above provisions, and the normative documents and standards formulated in some places are also different. The courts encounter some practical difficulties when hearing such cases. ?
On October 27, 2014, in response to practical issues, the Chinese legislature planned to interpret relevant provisions of the Civil Law and Marriage Law: Chinese citizens should in principle take their father’s or mother’s surname, and if there are legitimate reasons, Other surnames are available. The contents of this interpretation (draft) include: Citizens enjoy the right to name in accordance with the law. When citizens exercise their right to name, they must also respect social ethics and must not harm the interests of the public.
In principle, citizens should take their father’s or mother’s surname.
In one of the following circumstances, you can choose a surname other than the father's surname and the mother's surname:?
Choose the surname of other direct elder blood relatives; choose the surname of the caregiver because he is raised by someone other than the legal guardian; Other valid reasons. ?
In practice, some citizens choose a surname other than their father's or mother's surname for reasons such as returning to their ancestral surname or being raised by others. Taking into account the actual social situation, citizens can also choose other surnames if they have legitimate reasons. In order to fully respect the cultural traditions and customs of ethnic minorities, the draft also clarifies that citizens of ethnic minorities can choose surnames based on the cultural traditions and customs of their own ethnic groups.
Baidu Encyclopedia-Name Rights