Legislator Case Law & Legislation
19 07 2 • KG LU 19 07 2 AI generated

Daughters' Surname Change Appeal Denied Over Lack of "Important Reasons"

Case Number 19 07 2
Court / Authority
Jurisdiction Switzerland · Canton of Lucerne (CH-LU)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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.

Legislator headnote

AI generated

Art. 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.

Keywords

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change of name important family reasons standing to appeal identity documents objection to marriage civil status register of families

Cited Legislation

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Cited Case Law

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Key legal questions extracted by Legislator

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Art. 30 Abs. 1 ZGB

This 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.

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Full text

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.