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2. Living Men and Women |
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2.1 Living Men and Women in general |
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Article 62-The name of a Man or Woman |
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| 62.1 |
The name of a Men and Women |
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Every Men or Women has a name, which along with their unique identity number represent a unique quality and property made up of one or more given names and a surname also known as their clan or family name. |
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Every individual has a right to the respect of their name. An individual man or woman may use one or more of their given names stated in their certificate of birth.
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| 62.2 |
Name must be in lower case or proper case |
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The name given to a Man or Woman must be correctly displayed in lower case or proper case to denote their sovereign status as a real flesh and blood being and not a fictional person. |
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The Code does not permit the use of the fictional upper case Person name in any Jurisdiction of Oceanic Union. |
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| 62.3 |
Assignment of names |
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Every individual has a name which is assigned to them at birth and is stated in their certificate of birth. The name includes the surname (clan or family name) and given names.
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A child is normally given, as the mother and father choose, one or more given names and a single surname or a combined surname of the surnames of the parents.
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In case of disagreement over the choice of a surname, the registrar of civil status assigns to the child a surname consisting of two parts, one part being taken from the surname of the father and the other from that of the mother, according to their choice, respectively.
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If the disagreement is over the choice of a given name, the registrar assigns to the child two given names chosen by the father and the mother, respectively.
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If only the paternal or the maternal filiation of a child is established, the child bears the surname of their father or of their mother, as the case may be, and one or more given names chosen by the father or mother.
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A child whose filiation is not established bears the name assigned to them by the registrar of civil status.
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| 62.4 |
The non-permission to assign ridiculous and/or insulting names |
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No child is permitted to be named, either in surname or given names by words that are considered ridiculous, insulting, racist, sacrilegious or offensive. |
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No certificate of birth shall be permitted to be issued where such attempt is made to register a new born child with such ridiculous and/or insulting names. |
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A parent or guardian who defies this article shall be commiting a civil offence and shall be subject to both fines and/or civil court action preventing them from continuing such non-permitted naming. |
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| 62.5 |
The non-permission to use a non-certified name(s) |
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No individual is permitted to use any given names, or surname as their claimed identity unless those names have been duly certified as their own either by certificate of birth or according to the procedures and conditions of this article. |
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The use by a individual of a given name and/or surname to which they have not been duly certified shall be considered a civil offence for minor events and a serious criminal offence when used as a deliberate attempt to assume another identity. |
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| 62.6 |
Use of Upper Case Fictional Person Names |
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An Individual is permitted to be recognized for the purpose of limited jurisdiction actions by other Societies to have their proper sovereign name recorded in Upper Case to denote a person only when such action does not seek to directly challenge their inherit sovereign rights. |
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However, such limited permission in no way implies the ceding by an individual of their sovereign rights by assuming the limited rights of a fictional person. Instead, it is to be strictly treated as nothing more than a courtesy and convention in respect to the general due process of honoring law. |
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| 62.7 |
Certified change of name(s) by administrative process |
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The registrar of civil status has competence to authorize a change of name for a serious reason in every case that does not come under the jurisdiction of the court, and in particular where the name generally used does not correspond to that appearing in the act of birth, where the name is of foreign origin or too difficult to pronounce or write in its original form or where the name invites ridicule or has become infamous.
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The registrar also has competence where an individual applies for the addition to the surname of a part taken from the surname of the father or mother, as declared in the act of birth.
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An individual of full age who is a citizen of Oceanic Union and who has been domiciled in a territory of Oceanic Union for at least one year may apply for a change of name. If the application concerns the surname, it is also valid as an application in respect of the person's minor children who bear the same surname or part of that surname.
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An individual may also apply for the change of the given names of the minor children or the addition of a part to their surname taken from the person's own surname.
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An individual applying for a change of name states the reasons for the application and gives the names of his or her father and mother, the name of his or her married or civil union spouse and children and, where applicable, the name of the children's other parent.
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The man or woman attests under oath that the reasons stated and the information given are true, and appends all the necessary documents to the application.
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Except for a compelling reason, no change of name of a minor child may be granted if the person is 14 years of age or over, has not been notified of the application or objects to it.
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However, in the case of an application for the addition to the surname of the minor of a part taken from the surname of the father or mother, only the minor has the right to object.
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| 62.8 |
Certified change of name(s) by judicial process
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The court has exclusive jurisdiction to authorize the change of the name of a child in the case of a change of filiation, of abandonment by the father or mother, or of deprivation of parental authority.
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A minor 14 years of age or over acting alone may present an application for a change of name, but they shall in such a case give notice of the application to the person having parental authority.
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| 62.9 |
Effects of a change of name |
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A change of name produces its effects from the time the judgment authorizing it acquires the authority of a final judgment or from the time that the decision of the registrar of civil status is no longer open to review.
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A change of name nowise alters the rights and obligations of a person.
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All documents made under the former name of a person are deemed to be made under their new name.
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The individual or any interested third person may, at their expense and upon furnishing proof of the change of name, demand that the documents be rectified by indicating the new name.
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Any proceedings to which an individual who has changed his name is a party are continued under his new name, without continuance of suit.
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