Translation:Person Name Act, BE 2505 (1962)/Note

Statement of Grounds

The grounds for promulgation of this Act are as follows: As a woman widowed by death of her husband should be entitled to choose whether she would continue to use the last name of her husband or use her former last name instead according to her personal need or desire, it is therefore necessary to enact this Act.

§ 9

A married woman having adopted the last name of her husband as her last name prior to the coming into force of this Act shall still be entitled to use the last name. However, this does not debar her from giving up such last name and using her former last name instead, and does not preclude the spouses from concluding a different agreement.

Statement of Grounds

The grounds for promulgation of this Act are as follows: The Constitutional Court, by its Decision No. 21/2546, held that the Person Name Act, BE 2505, section 12, is unconstitutional and therefore unenforceable. While the said Act’s criteria as to the usage of middle name is defective, as it fails to prohibit the usage of another’s last name as one’s own last name which would lead the general public to the misunderstanding that the person in question is entitled to use such last name. Furthermore, the existing procedure on the registration of last name is not in line with the electronic system of public service, and the exclusive title of an applicant for registration of any last name to permit another to use such last name would bring about a practical problem following the applicant’s death. Also, the existing rate of costs has been in force for too long, now it does not suit the actual management and providing of person name information service. By virtue of the facts stated, it is expedient to improve the relevant provisions to be in accord with the Decision of the Constitutional Court and for the sake of appropriateness. It is therefore necessary to enact this Act.