The Right to Change Name under the Traditional Custom Principle of China’s Civil Code

Abstract

The principle of traditional customs as stipulated in Article 8 of the China's Civil Code is a fundamental value and order based on the prevailing moral concepts of society and linked to the interests of the state and society as a whole. The name right, as stipulated in Article 112, limits the legal act of deciding, using, changing or allowing others to use one's name to the legal principle of public order and morality. However, in the actual exercise of the name right, certain names such as "Zhaodi" and "Laidi" have brought about a serious negative social impact on the owners of the names because they contain traditional conservative concepts; however, as they do not violate the principle of public order and good morals, the exercise of the right to change the name of the relevant subject is, however, as it does not violate the principle of public order and morality, the process of exercising the right to change the name is difficult. In this paper, the right to name change is explored against the background of the right to a personal name, and the boundaries of the right to name change under the principle of public order and morality are explored.