Civil Code, Article 374 — Identical Names: Younger Adds

What this article means

Where two people have identical names and surnames, the younger person is obliged to add a name or surname sufficient to avoid confusion.

The rule addresses a practical problem of civil records and public identification rather than any wrongdoing by either person — an older person’s prior use of a name is not disturbed, and the burden of adding a distinguishing name or surname falls on whoever came later, such as a son sharing his father’s full name. The article does not prescribe what the addition must look like, leaving the choice of a suffix or other distinguishing mark to the person obliged to make it.

Questions about this provision

• If two people have identical names and surnames, which one is legally required to add something to distinguish themselves?

Related provisions

• Article 373 — A Widow’s Use of the Surname.
• Article 375 — Junior, II, III.

Cases interpreting this article

• Authorities on this article will be added here as each is verified against primary sources.