The choice of the order of surnames by parents and the criteria of determination in the absence of agreement in the Spanish Civil Registry of 2011.

Authors

  • ESTHER TORRELLES TORREA

Keywords:

Surname, Discrimination, Autonomy, Best interests of the minor, Manager of the civil registry

Abstract

The order of surnames has been subject to a new regulation in the Civil Registry of 2011. This eliminates in our legal system giving primacy to the surname of the mother. Despite previous attempts to legislative reform to elimínate this primacy, has been this new law which has eliminated discrimination by allowing parents to choose the order of surnames (achievement that was achieved in 1999) and, in his absence, delegate the choice of the order of the surnames based on the best interests of the child in the civil registry officer. Appreciates the new standard, referral to the officer of the civil registry and the meaning of the best interests of the child in the light of the draft law to the childhood, reaching similar conclusions to the reflected in the Civil Code of Catalonia or in the new civil code Argentino de 2014, although with nuances.

Published

2017-02-28

Issue

Section

STUDIES

How to Cite

The choice of the order of surnames by parents and the criteria of determination in the absence of agreement in the Spanish Civil Registry of 2011. (2017). Critical Review of Real Estate Law, 753, 185 a 222. https://rcdi.tirant.com/rcdi/article/view/1452