REJESTRACJA I ZMIANA NAZWISKA
Loading...
Date
2008
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
REGISTRATION AND CHANGE OF SURNAME
Abstract
A surname - apart from a name - is a very important element when it comes to the confirmation
of the identity of a particular person. It is necessary for official determination o f a person in order to
distinguish him/her in social contacts with other people.
The surname is a legal category. It is a personal interest protected by law. Registration of the
surname and its use is a person’s legal right as well as a duty. This, in turn, implies both, the stability
and legal protection the registered name, and the existence of a legal possibility to change the
surname, i f justifiable. Registered name is a notion present in public and private law. An initially
given surname is related to the birth and indicates the person’s descent. Legal registration o f a name
involves drawing up the birth certificate o f a newly bom child. This may take the form o f primary or
secondary proceedings. However, the change of the originally registered name, regardless of the
reasons, moves the registration o f a new name into the category of secondary proceedings.
A registered name usually remains unchanged until marriage, which is compliant with art. 25 § 2 the
Polish Family and Guardianship Code. Other changes of surname pursuant to the aforementioned
Code are connected, among others, with child adoption. Apart from the possibility of the change of
surname based on the Polish family law, there are regulations providing for the possibility o f an
administrative change of surname - “because o f serious reasons”. These issues are regulated by the
Change of Surname Act which defines the rules and the process of the change of surnames (and
names). In principle, the change o f surname is carried out at the request and upon on application of
the person bearing that name and follows the declaration of that person’s will. An exception to the
principle applies to minors, where an application for a change of name is filed by their statutory
agents acting on their behalf (sometimes with the minor’s consent).
Description
Sponsor
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 70, 2008, z. 4, s. 65-77