Facts
The originally German national A. X. was married in her first marriage to B. Y. After the divorce in 1974, she retained the surname of her first husband. She later married the Swiss national C. X.
On June 5, 1981, A. X. filed a request with the competent cantonal directorate to be allowed, based on Art. 30 of the Swiss Civil Code (ZGB), to resume her premarital name "Y.", or possibly to use the name "Y.-X." or "Y., married X.". She justified her request by stating that she had become known in her profession under the name of her first husband and that she would largely have to start anew under the name "X."
The cantonal directorate rejected the request on September 18, 1981. A. X. appealed against this decision, which was dismissed by the Cantonal Government Council on November 11, 1981, on the grounds that Art. 161 para. 1 ZGB must not be circumvented by a change of name within the meaning of Art. 30 ZGB.
Considerations
The Federal Supreme Court confirms the rejection of the request for a change of name. It states that the name is a component of personality and fulfills both personal and public interests. The legislator has enshrined the principle of unity of name in marriage in Art. 161 para. 1 ZGB, according to which the wife receives the family name of the husband upon marriage.
The Federal Supreme Court…