It is acknowledged that law is designated to reflect life as it is through norms and regulations. Therefore, it is closely related to human nature in various aspects. The present article comprises briefly the procedure of alteration of proper, paternal and family name. The Civil registration law contains the legal grounds for alteration of the names and the civil codex arranges the procedure which needs to be strictly and consecutively observed. Names represent a permanent verbal designation of the person which serve for their individualization, identification and distinction, thus law admits its change only by limited exceptions and if given the presence of significant circumstances. According to Article 9, par. 1 from the Civil registration law, the name of a Bulgarian citizen, born on the territory of the Republic of Bulgaria, consists of proper, fatherly and family name. The three parts of the name are entered in the birth certificate. Alteration of the proper, fatherly and family name is allowed if they happen to be defaming, derisive, mocking or socially unacceptable, as well as in the cases when important circumstances impose that (Article 19, par. 1, Civil registration law). The name affects the private sphere of the individual as well as their self-determination. In this aspect, the subjective will of a person to be named a particular way could be qualified as ,,important circumstance” according to the meaning of the Civil registration law. In regard with the mandatory practice of the Supreme court of appeal as to which circumstances are important by the meaning of Art. 19, par. 1, sugg. 1 of the Civil registration law should be estimated for each separate case based on the peculiarities. If a person is known by different names in two countries and this creates administrative hindrances and obstacles in the process of identification, these complications and social discomfort should be treated as ,,significant’’ and ,,important’’according to the abovementioned norm. The law provides one more opportunity – when someone has become well-known under a particular alias, through a court decision this person could add this alias to their first name as it is given in article 14, par. 4 of the Civil registration law. However, if one chooses to rely on this ground, they need to substantiate and introduce incontestable and serious proof and grounds as to why this claim should be taken into consideration and respected. Procedure The legal procedure of alteration is, by its essence, part of the so called ,,protective” trial. It is initiated as an application by the suppliant to the competent regional court, where the permanent residence of the suppliant is according to the relevant norms of the Civil codex. The procedure is indisputable and unilateral /one-sided/. It is, however, of importance that circumstances, facts and other relative data are introduced in the claim, regarding and giving proof of its validity. It is also advisable that convincing written evidence is applied in the application, indicative of the juridical reasons and necessity for the names to be changed, such as marriage certificate, birth certificate, diplomas and other official documents. In addition to that, in such trials witnesses could be interrogated for a verification of the credibility of the facts and grounds claimed. If a doubt regarding previous convictions of the suppliant arises and needs to be rejected, the judicial criminal record could be demanded and presented. An attempt of avoiding criminal pursuit might happen to be a motive for choosing this form of name’s alteration, therefore it could be somewhat beneficial to bring evidence for the opposite.
Alteration of name due to ,,significant circumstances" according to the Bulgarian Civil registration law
06.05.2021
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