In terms of the pronunciation of the surname, it is the usage that predominates, but which can vary from one family to another and evolve over time. Decree No. 2005-1678 of 28 December 2005 on civil procedure reformed, inter alia, the procedure for changing one`s name (JORF 29 Dec., p. 20350) by empowering the guardianship judge in the event that the application on behalf of a minor is not submitted by both parents exercising joint parental authority, or, in the case of the institution of guardianship, (1st Civil Chamber, 3 March 2009, appeal n° 05-17163, BICC n° 706 of 15 July 2009 and Legifrance) The current regulations on the spelling of surnames and forenames describe in detail the form that all acts relating to civil status must take through the general instructions on civil status. in particular Article 106[39] and the circular of 23 July 2014[40]. For the surname, Article 61(2) gives an example: the name may be changed to avoid the extinction of the surname borne by an ascendant or collateral. There are other forms of legitimate interests. The procedure is not the same for the first name and for the surname: First name > family court judge / Last name> Ministry of Justice The surname is the maiden name, unless there is a change of name. At the birth of their child, the parents choose the name to be transmitted to him: that of the father, that of the mother or their two names, which are combined in the order chosen by the parents.

In case of disagreement between the parents, the child bore only the father`s name until May 2013. The Law of 17. In May 2013,[63] the rules for assigning surnames were changed and, in the event of disagreement between the parents, the child is given the names of both parents in alphabetical order. If no special declaration is made to the registrar, the child receives the name of the parent with whom filiation was established for the first time or that of the father if filiation is fortuitous. [64] The parents` choice of the first child`s name thereafter applies to all other siblings. [64] Given the permanence of the surname, it seemed certain that one could not do without his name and that the particle of nobility was an integral part of the individual`s name. However, the First Chamber of the Court of Cassation held that, if the faithful and prolonged possession of a name does not, in principle, prevent the bearer of the name who refrains from relying on it from claiming the name of his ancestors, it is for the judge, taking into account, in particular, the duration and age of the property claimed and the circumstances: among which they were able to assess whether the action should be upheld. On appeal, it upheld the trial judges, who found that after the voluntary renunciation of an ancestor in 1814, possession of the name „de X.“ or „De X.“ for up to 150 years followed free and uninterrupted possession of the name „X.“ and that the dismissal of the application for restoration of the particle „de“ on the applicants` birth or marriage certificate bearing the name „X“.

(1. Civil Chamber of 10. May 2005, appointment n° 02-19738, Legifrance). See also Civil Chamber 1, 2003-09-30, Bulletin 2003, I, No. 195, p. 152. Origin: is a common Breton surname especially in Morbihan, an old nickname meaning foreigner, designates not only a Frenchman, but also a Breton who does not know the language of the country – this name also represents the Latin personal name Gallus, popularized by the bishop of Clermontvie Siecle. For a very long time, the rules relating to surnames depended on the filiation of the child. What is the difference between a common name and a surname or father`s name? How to use the name of your spouse or both parents. Definition of the common name and surname and legal rules.

Bearing this name is both an obligation and a right. Obligation: A person is obliged to present himself under his name in public life, and the use of a name other than his own in a public, authentic or administrative document is punishable by criminal penalties. Law: Its owner can use it freely and oppose any form of usurpation. In order to avoid spoofing, it is necessary to be affected by the spoofed name. However, the person concerned does not always bear the name that has been usurped. People of the same family, whose ancestor bore the name, even if they do not bear it themselves, are interested. This is not a civil liability action. The usurpation does not necessarily have to cause harm to the person opposing the usurpation. The surname (formerly called the father`s name) and the first name, which identifies a person within his family, are the essential elements that characterize the name. With regard to the use of a surname in a work of fiction, it is decided that the surname of a family confers on its family members the right to object to its use by a third party for commercial purposes or in works of fiction, provided that the applicant justifies any confusion which it has an interest in eliminating.

(1st Civil Chamber, 8 October 2009, Application No. 08-10045, BICC No. 718 of 15 March 2010 and Legifrance). See also the comment by Ms. Marjorie Brusorio-Aillaud, mentioned in the bibliography below. And with regard to the use of the surname of the founder of a company, the Court of Cassation has ruled that the consent of a founding partner, whose name is known throughout the national territory, to the inclusion of his surname in the name of a company carrying out its activity in the same field, not without his consent and in the absence of an express or implicit waiver of his economic rights, authorize the company to register this surname as a trademark to designate the same goods or services (Chamber of Commerce 24 June 2008, Appeal No. 07-10756 and 07-12115, Legifrance). See also Commercial Chamber, 6 May 2003, complaint No. 00-18192, Bull. 2003, IV, No. 69.

Full adoption: It breaks all ties that the child had with his family of origin. If the child is adopted by a married couple, article 367, paragraph 2, provides that the parents have a choice (articles 311-21). If it is accepted by only one person, it takes that person`s name. If she is married, she can ask the court to choose art. 311-21. In noble families, the descendants of a famous ancestor take a name derived from their own, the main name or the lineage name. In the Middle Ages, this hereditary name of descent (which generally corresponds to the birth name of the ancestor) is gradually accompanied by a patrilineal racial name, a nickname most often developed from a fief (name of the country, the domain or the castle, as for the Valois, the Bourbons, Orleans), a physical or moral characteristic, a profession, a military title or the heroic act of an ancestor. On written documents and official documents, the baptismal name (the future name) appears, which is associated with this nickname and can change throughout life. In use, these nicknames tend to become hereditary. [17] The spread of fashionable names at that time reflected a peculiarity of each region, as well as the importance of kinship and vassalism in the social organization of the nobility.[12] .