CHAPTER 2 INDIVIDUALIZING PHYSICAL PERSON

Law of persons
CHAPTER 2
INDIVIDUALIZING PHYSICAL PERSONS
3/11/2024 Law of persons by Tariku A

Name
• Names have the purpose of identifying individual physical
persons.
• FDRE constitution considers name as the right of every child (Art
36/1(b). Art 24(2) of ICCPR provides that “every child shall be
registered immediately after birth and shall have a name”
• The particular laws that deal with name of physical persons are
Articles 32 to 46 and Articles 3358 to 3360 of the Civil Code.
• the Ethiopian civil code require that every physical person to
have family name, one or more first names and patronymic,
 arranged in such order in all administrative documents. art 32
• However, these rules are valid only for persons born after the
coming In to force of the code and persons born before sept 11,
1960 are not obliged to comply with code provision. Art 3358/1

Family Name
• Family name is always mentioned first on all official documents
• The main function of family name is to unity the family group under
one common designation.
• Whenever the word name is used without specification, it mean
family name (eg, art 33, 39,40,41 and 42)
Attribution of family Name
According to the civil code, Persons born after sept 11, 1960, must
have a family name and determined in the following manner:
1. If the mother’s husband is known, he has not disowned the child
and if has a family name, then the family name of the child is the
family name of the mother’s husband. Art 3359 and art 33 (1)
2. If the father is known and if he has not disowned the child but if
the father has no family name, then the family name of the child
will be his patronymic (the usual first name of the father) art
3359(2) and art 36(1)

Family Name con’t
3. if the father of the child is not known or disowned by the
father, then the family name of the child will be the family
name of the mother if she has one or her patronymic if she
don’t have (art 3359 (3) and art 33(2)
• These rules are not applicable in cases where the paternity of
the child has been judicially declared . Art 33(3). i.e., The
child will keep his mothers name until they changed under
art 42.
4. If the father and the mother of the child are unknown, then
the family name of the child will be given by the officer of
civil status
• Such name shall be selected from those which are common
in the region. Art 39.

Family Name con’t
• For persons born before the coming in to force of the code,
assuming family name is optional. If they decide to have
family name, it shall be determined in the following manner:
1. If the father is known and he has not disowned the child and if
there were two or more generation of family alive on sept 11,
1960, he will take the patronymic of the senior male ascendants
on that date. Art 3358(2)
2. If the father is known and he has not disowned the child and if
there were no generation of family alive on sep't 11, 1960, he will
take as family name, his patronymic. Art 3358(2). (similar name
and patronymic)
3. If his father is not known or disowned by him, he will take as family
name, the patronymic of his mother. Art 3358(3)
4. If the father and the mother are unknown, the transitory provision
didn’t provide a solution. So, we may apply art 39 by analogy

Change of Family Name
• In principle, once family name has been assumed, it can’t be
changed but in exceptional cases change is possible under d/t arts.
1. When a women marries. (art 40). She normally keeps her own family
name but she can take her husbands name for the duration of her
marriage. And even after marriage, if it dissolved as a result of death or
absences and she remains un married.
2. When a child is Adopted. (art 41). The child’s original family name is
replaced by the family name of his adaptor.
3. when both parents of a child are unknown art 39(3). he receive family
name from officer of civil status. But any interested person may apply to
the court to modify the name before the child reaches the age of five.
4. When a person apply to the court for modification of name, art 42. the
court check the existence of Good cause and the interest of 3rd parties
will not prejudiced by the change of name. e.g name that has bad
connotations.

Characteristics of Family Name
1. The main function of family name is to unity the family group
under one common designation. All descendants of man will have
one family name w/c identify them from others.
• One may switches from one lineage to another as in case of
marriage or adoption. So that they became member of that family.
• And also, one may not free to change his Family Name while other
member of the group exist.
• Court have to check the validity of reasons invoked
2. Family Names are extra commercial. No contracts having a family
name as an object can be considered as valid. Art 44.
• So one is not free to give, sell, hire or lend one’s family name. the
only exception to the rule is trade name w/c is governed by
commercial code
3. The use of own family name as well as use of others family names
is restricted by the law.

Usurpation of Name and Abuse of Name
• Abuse of name occurs when a person uses his/her name in violation of art
45 while usurpation means taking the name used by another person in the
manner that causes damage to the letter.
A) Usurpation of Name (art 46): one can not use another person’s name
under this two conditions.
1. Existence of usurpation. i.e., a usage w/c is not justified by some right.
2. Usurpation must cause or be likely to cause material or moral damage.
• The aggrieved party may require the cessation of the usurpation but if
the usurping party refuse to stop it, the formal can be granted damages
by the court order. But to do so, the court have to check
1. The existence usurpation
2. The existence of damages or the possibility of damage and
3. The existence of valid objection w/c has been ignored by the defendant.
NB the right to ask cessation or damages may be exercised by his spouse and
dependants, where he is dead or unable to manifest his will. Art 46(3).

Abuse of Names
• A person is not free in the use of his own name as per art 45. and the
limitation is governed by three commutative conditions:
1. The abuse of one’s name has to take place in the course of professional
activities (activities w/c is regularly performed with the purpose of earning
once living )
2. The existence intention to inflict, or actual infliction, of some damage on the
credit or reputation of the person (existence of potential or actual damage)
3. The prejudice (damage) suffered on the credit or reputation must result from
the harmful confusion.
 Remedies for abuse of name is provided under art 45(2) is related to unfair
competition (art 2122) or to defamation (art 2109). Read art 134 of com.cod
 The defn for unfair competition and defamation is provided under art 2057
and 2044 resp. and if the abuse is only likely to cause damage art 2122 will
apply and the court will order injection but if it has already cause damage the
court will order equitable compensation under art 2109

First Names
• A person may have only one family name and patronymic but he
may have one or more (two) first name. art 32(2) and art 34.
 NB. many refers to two.
• First names are attributed by the father and in his absence, the
choice will be made by the family of the father (by the nearest
ascendants or collaterals).
Q) What if they not willing to exercise their right, who choice the first name?
• by the mother. And in such case the mother or her family may
choice two first name (the second one is optional) art 34(2) & (3).
• By the officer of civil status in case where both parents are
unknown art 39 , the additional first name is not optional unlike
other cases. The child must receive two first name.
• By an agreements of parties taking part in the contract of adoption
art 41. the child may receive new first name (optional)
 but change is mandatory for family name.

First Names con’t
• The choice of first name in all cases, except for the officer of civil
status, is free.
• However, in all cases no child can have purely and simply the first
name of his father or his mother or one of his brothers or sisters
who is alive. Art 38
• The purpose is to avoid confusion among members of the same
family and if he is given such name, then he must given an
additional first name.
• Change of first name can be authorized by the court upon the
application and unlike change family name the condition of Good
cause is not attached to change of first names.
• Art 43. a person can request the court for cancellation of one or
more first names and for addition of first name.
• first names are not governed by the provision of art 44 to 46
dealing with conventions on names, abuse of names and usurpation
of name.

Patronymic
• Patronymic is the father’s usual first name and mentioned last in
official documents.
• Patronymics are always connected with the father (there can not be
patronymic coming from the mother’s side) but
• The patronymic of the mother may be used for the purpose of
selecting a family name under the condition provided under art
3358(3) and 3359(3).
• So the person has no patronymic if the father is unknown art 36(2) &
• An adopted child may receive as a patronymic, the adopter’s usual first
name, art 41(2).
Q) Does change of patronymic possible?
• There may be cases where the identity of the father, as accepted at
birth, has to changed in case of conflict of paternity art 762 and the ff
• the person who is bound the birth of the child shall inform the officer
of civil status of the first names and patronymic of the child. Art 37.

For next class
Question no one
Ato Tekle loves art and is Maitre Artist Afework Tekle’s fan. His
son Mamush has a remarkable talent in painting since
childhood, and Ato Tekle named his son after the renowned
Ethiopian painter. Mamush was thus registered as Afework
Tekle when he joined kindergarten. Ultimately, Afework joined
the Fine Arts School, and a year after his graduation from Art
school, the young Afework organized an art exhibition in
concert with his friends. Can Maitre Artist Afework Tekle
oppose the signature that reads “Afework Tekle” under every
painting drawn by the young Afework?

Question no two
Ato Terrefe Adera was born on Megabit 16th, 1950. He now
decides that he wishes to conform to the Code and assume a
family name. He comes to you asking which family name he
should take. He gives you the following information:
His father Ato Adera Seifu is still alive and so is his mother
Woizero Ayda Yilma. His grandfather Ato Seifu Mariam died
on November 22nd, 1961, and his grandmother Woizero Rabia
Girma is still alive. His great grandfather Ato Mariam Tsahafe
died in 1958 and his great grandmother died before then.
a) Which is his family name?
b) Ato Terrefe’s younger brother Elias was born on Pagumen 2,
1955. What is his full name?

CHAPTER 2 INDIVIDUALIZING PHYSICAL PERSON

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CHAPTER 2 INDIVIDUALIZING PHYSICAL PERSON