Daughters' Surname Change Appeal Denied Over Lack of "Important Reasons"
Sintesi Legislator
Generato dall'IAThe court dismissed the appeal by two daughters seeking to change their surname to that of their mother's new husband, despite evidence of a severely strained and negative relationship with their biological father, including documented psychological distress in the children. The court reasoned that under Article 30 Paragraph 1 of the Civil Code, a name change requires "important reasons," which are not met by subjective feelings of belonging to the new family or by generalized, non-concrete social disadvantages stemming solely from a difficult family dynamic; crucially, the court found that a name change would likely reinforce the children's damaging denial of their origin, which could negatively affect their identity formation, and there was no objective demonstration that the change would resolve their underlying psychological issues rooted in a long-standing loyalty conflict.
Regesto Legislator
Generato dall'IAArt. 30 Abs. 1 ZGB, Art. 270 ZGB, Art. 30 ZGB, Art. 298 Abs. 2 ZGB, Art. 270 Abs. 2 ZGB, Art. 271 Abs. 3 ZGB; Daughters' Surname Change Appeal Denied Over Lack of "Important Reasons": The court reasoned that under Article 30 Paragraph 1 of the Civil Code, a name change requires "important reasons," which are not met by subjective feelings of belonging to the new family or by generalized, non-concrete social disadvantages stemming solely from a difficult family dynamic; crucially, the court found that a name change would likely reinforce the children's damaging denial of their origin, which could negatively affect their identity formation, and there was no objective demonstration that the change would resolve their underlying psychological issues rooted in a long-standing loyalty conflict.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IAGiurisprudenza citata
Generato dall'IADecisioni correlate
Generato dall'IAQuestioni giuridiche chiave estratte da Legislator
Generato dall'IAThis article establishes the requirement of 'important reasons' for granting a name change, which is the substantive basis for the court's decision to reject the appeal.
Testo completo
Rechtsprechung Luzern
Instanz: · Obergericht
Abteilung: · I. Kammer
Rechtsgebiet: · Personenrecht
Entscheiddatum: · 30.11.2007
Fallnummer: · 19 07 2
LGVE: · 2008 I Nr. 2
Leitsatz: · Art. 30 Abs. 1 ZGB. Abweisung eines Namensänderungsgesuchs trotz belasteter Beziehung zwischen Vater und Kindern.
Rechtskraft: · Diese Entscheidung ist rechtskräftig.