Aktuelle Probleme des Namensrechts. Beiträge zur Rechtsgeschichte Österreichs|Beiträge zur Rechtsgeschichte Österreichs Band 1 / 2012|

The law relating to the use of name was originally dominated by the patriarchal principle, so that only the name of the father was passed on. A married woman generally had to accept the name of her husband. In the seventies the patriarchal system was replaced by the principle of partnership, which also had consequences in the law of names. From now on it was possible to choose the name of the woman as common surname. First, only women were entitled to use double names; due to a decision by the Austrian Constitutional Court in 1985, this right was then formulated gender-neutral. After a historical outline of the law of names a detailed analysis of the current legal situation is provided. This article is not only focused on the law of names in connection with marriage and divorce, but also concerning registered partnerships. Furthermore, the author takes the law of names concerning children into account. Finally, proposals for reform are discussed