How about a four-letter name?
The right of name is a kind of personality right that citizens enjoy in accordance with the law to decide, use and change their names and require others to respect their names. The object protected by the right of name is the name of the right holder. The name is not limited to the citizen's real name officially registered in the household registration authority.
Chinese name
Right of name
Foreign name
right of name
Subject
Natural person
Object
Exclusive right to the text mark of one’s own personality
Basic obligations
No illegal interference or use of others Name
Legal Provisions
Article 99 of the "General Principles of Civil Law" also stipulates that citizens enjoy the right of name and have the right to decide, use and change their names in accordance with regulations, and prohibit others from interfering, Misappropriation, impersonation.
Article 18 of the "Household Registration Regulations" stipulates that citizens who want to change their names must comply with the following regulations: When citizens over the age of 18 need to change their names, they must apply to the household registration authority for change registration. When citizens' right to name is infringed upon, they have the right to demand an end to the infringement, restore their reputation, eliminate the impact, and apologize.
The main legal characteristics of the right of name are:
First, the subject of the right of name can only be a natural person, and legal persons do not enjoy the right of name. Only the written mark of a natural person's personality is called a name, so natural persons enjoy the right to a name. The textual mark of a legal person's personality is its name, and it enjoys the right to name.
Second, the object of the right of name is the exclusive right of a natural person to the textual identification of his or her personality. The core issue of name rights is exclusive rights, which cannot be enjoyed or used by others, but can only be enjoyed and used by the right holder himself. The exclusive object is the personal character mark of a natural person, which includes not only the official registered name, but also pen names, stage names, aliases, etc.
Third, the basic obligation of name rights is not to illegally interfere with or use other people’s names. The right of name is an absolute right and a right against the world. Except for the person with the right of name, everyone is the subject of obligations and has the obligation not to infringe on his right of name.
Content of rights
Right to change name
The right to change name refers to the right enjoyed by natural persons to change their surname or name in accordance with the law, as long as it does not violate the mandatory provisions of the law and public order and good customs are allowed, but you need to go to the household registration management department to go through the change registration procedures.
The right to name change refers to the right of a natural person to change his or her name in accordance with legal provisions, also known as the right to name change. The meaning is that natural persons can change their names according to their own wishes and in accordance with regulations without other restrictions. Although this kind of name change can be effective only based on a unilateral expression of intention, it cannot be used against a third party without publicity. Changes in registered names must also be registered, and the registration procedures for illegal changes will not be effective.
Right of use
The right to use name refers to the exclusive right of natural persons to use their own names in accordance with the law. The use of one's own name is an important part of a natural person's right to name. In civil activities, a natural person may use his or her real name, or his or her pen name, stage name or pseudonym, etc., unless otherwise provided by law. No organization or individual may force a natural person to use or not use a certain name.
The right to use your name is an exclusive right to use, and others may not intentionally use other people's names. In reality, the phenomenon of duplicate names is not an infringement. Duplicate names are also called parallel names, that is, several people legally acquire the same name. In such a situation, everyone has the right to use his or her own name, and all rights are exercised legitimately, except for intentional confusion.
Name use includes active exercise: marking one's own name on one's own items and works as a sign of the right owner; using one's name on specific occasions to distinguish oneself from other members of society. Passive use: not signing the work; refusing to reveal one’s name after committing a specific act. The restriction is that under certain conditions, natural persons are not allowed to use informal names. For example, formal names must be used in household registration, ID cards, and passports.
The name can also be transferred to others for use. Usually, the names of celebrities often contain huge commercial value.
Because the history of celebrities' struggles can usually give people great encouragement, and people's love for their homes makes their names a symbol of celebrities, so their names have a certain commercial value. For example, Li Ning brand sportswear; Jordan brand sports shoes. This kind of transfer of the right to use the name can be realized by making shares in the name, or by paying business remuneration. This actually reflects the property interests of name rights. The interests embodied in the right of name, analyzed from the above content, are spiritual interests. In modern society, the spiritual benefits of name rights may also bring certain economic benefits. For example, using the pseudonym of a famous writer to publish works can earn royalties, and using the stage name of a famous entertainer can increase box office value. However, among specific personality rights, the economic benefits of a natural person's name right are not only very different from the name rights of legal persons and business names, but also have a large gap with other personality rights of natural persons, such as portrait rights. The spiritual interest of name rights is its basic and most important interest.
Naming rights
The right to name, also known as the right to name, is the right of a natural person to decide which caste, name, and combination thereof to adopt. The naming right of a natural person is exercised by the head of the household, relatives, caregivers, or neighbors after birth, but this does not affect the right to change the name after the person has the ability to name.
Related books
No one has the right to interfere with the right of self-naming. In principle, a natural person cannot choose a surname. In real life in our country, it is customary for children to take their father's surname, but Article 22 of my country's current Marriage Law stipulates: "Children can take their father's surname, or they can take their mother's surname." If a natural person re-chooses a surname in accordance with the law, the law should not interfere. Even if a woman adds her husband's surname to her own name after marriage, it is based on the will of the parties involved.
The name of a natural person is generally determined by his parents when he is born, but this is not a denial of the right to self-naming. In fact, it is a manifestation of parental authority and an act of agency by parents to implement parental authority. After a natural person reaches adulthood, he or she can also change his or her name through name change procedures. Another manifestation of the right of self-naming is the right of natural persons to choose their own aliases. They can determine pen names, stage names and other corresponding names other than their registered names according to their own will and wishes. No one is allowed to interfere.
Infringement
Main manifestations:
1. Interfering with other people’s decision, use, or name change.
2. Stealing other people’s names. Stealing another person's name refers to performing something in another person's name without the other person's consent or authorization