The article offers a critical analysis of the 2024 German reform on family and children's surnames, which will enter into force on 1 May 2025. Following a historical and comparative reconstruction of the naming system in Europe, the new legal framework (§§ 1355 and 1616 et seq. BGB) is examined, with particular attention to the enhanced freedom in choosing both the marital surname and the surname of the child. The constitutional implications of the reform reflect the transformation of the surname from a symbolic marker of familial unity into an instrument of personal self-determination. The inquiry concludes with critical reflections on recent developments in the case law of the Italian Constitutional Court concerning the law of names.
Il nuovo cognome della famiglia in Germania
FAVALE Rocco
2025-01-01
Abstract
The article offers a critical analysis of the 2024 German reform on family and children's surnames, which will enter into force on 1 May 2025. Following a historical and comparative reconstruction of the naming system in Europe, the new legal framework (§§ 1355 and 1616 et seq. BGB) is examined, with particular attention to the enhanced freedom in choosing both the marital surname and the surname of the child. The constitutional implications of the reform reflect the transformation of the surname from a symbolic marker of familial unity into an instrument of personal self-determination. The inquiry concludes with critical reflections on recent developments in the case law of the Italian Constitutional Court concerning the law of names.| File | Dimensione | Formato | |
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Favale R., Il nuovo cognome della famiglia in Germania ESTRATTI.pdf
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