You Name it: On the Cross-Border Regulation of Names

Forthcoming: American Journal of Comparative Law

Hebrew University of Jerusalem Legal Research Paper Forthcoming

Posted: 5 Aug 2019 Last revised: 22 Aug 2019

See all articles by Sharon Shakargy

Sharon Shakargy

Hebrew University of Jerusalem - Faculty of Law

Date Written: March 4, 2019

Abstract

Is your name “yours”? Are you free to choose a name for yourself? Does a name withstand border-crossing and even acquisition of new citizenships? In the common law world, the undoubted answer is yes. However, in civil law, this answer is not so clear. While the global tendency over the last few decades has been towards relaxing the norms governing names, old traditions die hard, and in some cases now re-emerge in other parts of the world. In an ever more globalized world, given widespread immigration, refugees, and people with dual- (or even multi-) citizenships, the different national attitudes towards names and the lack of proper cross-border regulation of names is becoming a relevant and pressing question. This paper maps out and conceptualizes the challenge of names by demonstrating the different approaches towards names and suggesting possible cross-border regulation (i.e., choice-of-law rules) that may address this issue for the benefit of the individuals and countries involved.

Keywords: Names, Choice of Law, Comparative Law, Law and Social Change, Autonomy

Suggested Citation

Shakargy, Sharon, You Name it: On the Cross-Border Regulation of Names (March 4, 2019). Forthcoming: American Journal of Comparative Law; Hebrew University of Jerusalem Legal Research Paper Forthcoming. Available at SSRN: https://ssrn.com/abstract=3430033

Sharon Shakargy (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

Register to save articles to
your library

Register

Paper statistics

Downloads
16
Abstract Views
110
PlumX Metrics