785/2007 BR RHODES (511838)
(1ST LAW PUBLICATION)
Voluntary jurisdiction. Registry acts. To fix anything
notarial deed, a final court decision is required. Incidents
correction of name given by grandmother to granddaughter at baptism in
Greece under mother's birth name in Canada.
Decision number: 785/2007
THE SINGLE-MEMBER COURT OF FIRST INSTANCE OF RHODES
(Voluntary Jurisdiction Procedure)
Consisting of Judge Ioanna Alexidou, Court of First Instance, who was appointed by
the President of the Court of First Instance of Rhodes and the Secretary Kassandra
Municipality.
He sat publicly in his audience on 25-10-2007 to judge the
case :
OF THE APPLICANT: … ……, resident of Canada, who was represented by
Attorney-at-law of Ioannis Karamihalis.
The applicant requested that her application of 17/1/2007, which was filed, be accepted
at the Registry of the Court with filing number 291/12.3.2007,
the above was determined to be admissible and written on the board.
During the discussion of the case, the applicant's attorney developed
his claims and requested that what is mentioned in
his proposals.
AFTER STUDYING THE LITERATURE
THOUGHT ACCORDING TO THE LAW
From the provisions of the legislation concerning the name and in particular from the article
58 of the Civil Code, with which the beneficiary is protected to bear a certain name against
of its illegal use by another person (EA 5019/1996 Greek Law 38.1591)
and article 415 of the Civil Code, which punishes its arbitrary change
name, it follows that the legislator saw the name as a characteristic
element of the personality and wanted to keep this stable and
unchangeable by virtue of the individual's own personality and at the same time
transaction security. However, from the combination of the above provisions to
article 13§1 of Law 344/1976 "on notarial acts", which defines
that a final court order is required to correct any
registry act, it appears that the legislator accepted derogations from
above-mentioned principle of the fixed and unchanging name, which
are imposed again for the sake of the person himself. In view of these, but also of her
constitutional protection that enjoys its personal right
of human personality with Article 5§1 of the Constitution, with which
it is defined that "everyone has the right to freely develop their personality
of", it is further concluded that the person is entitled to judicially request the
correction of the first name given to him at his baptism (after h
naming is not an element of the sacrament of baptism - see relative AP
1321/1992 Arm. 48. 340, EA 4971/1993 NoB 42. 75), provided that
there is an exceptional case or special need for it or the name
this justifiably has unintended consequences, which it does
when it creates confusion for him in his relationships with others. In this case
case, with the present application, the applicant requests, in his correct estimation
petitioner, to correct the registry act of her birth and baptism, as
to her first name, which she received after her baptism, according to
set out in detail in the document. Her application, according to what is presented
in the main opinion, competently in substance and in place it is brought to be judged
by this Board with this procedure of the voluntary jurisdiction of
of articles 739 et seq. of the Civil Code and is legal, relying on the aforementioned
provisions, as well as in that of article 782§§3,1 of the Civil Code (cf. and AP
1321/1992 Art. 48. 340). Therefore, it needs to be further investigated in substance,
given that the preliminary procedure provided for by the provision of the article was observed
748§2 of the Civil Code (see, no. 3289Γ/20.3.2007, report of the
bailiff at this Court of First Instance M. K. to the Prosecutor
Primary documents, provided by the applicant).
From the documents cited and submitted by the applicant,
the following is proven: The applicant was born in Toronto, Canada on
12/3/1971, daughter of D. and F. G.. In Canada, where she was also born
where the applicant resides permanently until today, was registered in the notarial deed
her birth name "……..", after a relevant statement from her mother.
Under this name it appears in all public documents issued
in Canada. In 1972, one year after her birth, the applicant was baptized by
her grandmother in Rhodes and received the name "……..", which was registered
in her birth and baptism certificate, after her relevant declaration
her grandmother. However, from preschool her parents called her
“…….”, a name by which he knew her and called her his whole
her family and social environment. The fact that at the Registry Office
Rhodes has been registered with the name “……..”, this has spam
consequences since it causes confusion about her name. Therefore, the
application must be accepted as substantially valid, as it stands
in the ordinance.
FOR THOSE REASONS
ACCEPTS the application.
ORDERS the correction of her birth and baptism certificate
applicant drawn up by the Registrar of the Municipality of Rhodes, in the part concerned
the first name of the applicant, with the deletion of the name “……”
and the registration of the name “………”.
DECIDED,
RESOLVED and
PUBLISHED at an extraordinary, public meeting in his audience, in Rhodes on
27-11-2007.
THE JUDGE THE SECRETARY
P.B.
Source: Law Legal Information Network (www.lawdb.intrasoftnet.com)
