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The misuse of another person's name is a violation of another person's right to a name.
According to the General Principles of the Civil Law of the People's Republic of China:
Article 99: Citizens enjoy the right to a name, and have the right to decide, use, and change their name in accordance with provisions, and prohibit others from interfering, misappropriating, or counterfeiting.
Legal persons, individual industrial and commercial households, and individual partnerships enjoy the right to name. Enterprise legal persons, individual industrial and commercial households, and individual partnerships have the right to use and transfer their own names in accordance with the law.
Article 3: The infringed party has the right to request that the infringer bear the tort liability.
Article 4: Where the infringer shall bear administrative or criminal responsibility for the same conduct, it does not affect the tort liability in accordance with law.
Legal characteristics of the right to a name
Clause. 1. The subject of the right to a name can only be a natural person, and a legal person does not enjoy the right to a name;
Clause. 2. The object of the right to a name is the exclusive right of a natural person to identify his or her personality in writing. The core issue of the right to a name is the exclusive right, which cannot be enjoyed or used by others, but can only be enjoyed and used by the right holder himself;
Clause. 3. The basic obligation of the right to a name is not to illegally interfere with or use the names of others. The right to a name is an absolute right and a hereditary right, and except for the person who has the right to a name, everyone is the subject of the obligation and has the obligation not to infringe on his or her right to the name.
The above content refers to Encyclopedia - General Principles of Civil Law of the People's Republic of China.
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Legal basis: General Principles of the Civil Law of the People's Republic of China
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Legal basis: Civil Code of the People's Republic of China
Article 1012: Natural persons enjoy the right to a name, and have the right to decide, use, change, or permit others to use their own name in accordance with law, but must not violate public order and good customs.
Article 13: Legal persons and unincorporated organizations enjoy the right to a name, and have the right to decide, use, modify, transfer, or permit others to use their own names in accordance with law.
Article 1014:The right to a person's name or title must not be infringed upon by any organization or individual by means such as interference, misappropriation, or counterfeiting.
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It's not illegal to call someone by name. The name is just for people to call, and it is not an infringement, but it is just a little embarrassing to call God by his name on some occasions. It is unethical behavior. Be quiet and take care of his feelings.
Liability for infringement of the right to reputation
Restoring reputation, eliminating impact, and making formal apologies may be conducted in writing or orally, and the content must be reviewed by the people's court in advance, and the scope of restoration of reputation and elimination of impact should generally be commensurate with the scope of the negative impact caused by the infringement.
Where citizens or legal persons demand compensation for infringement of their right to reputation, the infringer shall compensate for the economic losses caused by the infringement, and where the citizen also submits a request for compensation for moral damages, the people's court may make a decision based on the degree of fault of the infringer, the specific circumstances of the infringement, the consequences of causing mental harm to the victim, and other circumstances.
According to the provisions of the Civil Code, calling someone else's nickname infringes on a natural person's right to reputation, and a natural person's right to reputation is subject to civil liability, including ordering the infringer to stop the infringement, restore his reputation, and apologize.
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Legal analysis: If you violate the law by using someone else's name without permission, and infringe on your right to your name, you need to stop the infringement, restore your reputation, eliminate the impact, apologize, and compensate for your losses.
Legal basis: Article 1012 of the Civil Code of the People's Republic of China: Natural persons enjoy the right to a name, and have the right to decide, use, change, or permit others to use their filial name in accordance with law, but must not violate public order and good customs.
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Legal analysis: The act of stealing another person's name does not constitute a criminal offense, but at this time it may infringe on the name rights of others, so the person whose name is stolen can pursue the civil liability of the person who infringes on the right to his name through civil channels, and require him to stop the infringement and apologize.
Legal basis: Article 110 of the Civil Code of the People's Republic of China Natural persons enjoy the rights to life, body, health, name, portrait, reputation, honor, privacy, marital autonomy and other rights. Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.
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Misappropriation of another person's name without the person's permission is an act that infringes on the right to another person's name, infringes on the individual's right to a person's name, and causes harm to the individual's interests, and the individual's rights and interests should be promptly protected. Article 1012 of the Civil Code [Right to Name] Natural persons enjoy the right to a name and have the right to decide, use, change, or permit others to use their own name in accordance with law, but must not violate public order and good customs. Article 1013: [Right to a Name]Legal persons and unincorporated organizations enjoy the right to a name, and have the right to decide, use, modify, transfer, or permit others to use their own names in accordance with law.
Article 1014: [Name Rights or Name Rights Must Not Be Unlawfully Infringed] No organization or individual may infringe upon others' name rights or title rights by means such as interference, misappropriation, or counterfeiting.
Hello dear dear, I am happy to answer for you: it is not illegal to use someone else's name without permission, but it constitutes an infringement on others. Misappropriation of another person's name without the person's permission is an act that infringes on the right to another person's name, infringes on the individual's right to a person's name, and causes harm to the individual's interests, and the individual's rights and interests should be promptly protected.
Article 1012 of the Civil Code [Right to Name] Natural persons enjoy the right to a name and have the right to decide, use, change or permit others to use their names in accordance with the law, but they must not violate public order and good customs. Article 1013: [Right to Name]Legal persons and unincorporated organizations enjoy the right to a name, and have the right to decide, use, change, transfer, or permit other bureaus to use their own names in accordance with law. Article 1014: [Name Rights or Name Rights Must Not Be Unlawfully Infringed] No organization or individual visitor may infringe upon others' name rights or title rights by means such as interference, misappropriation, or counterfeiting.
How to maintain your baby's name rights.
Gather evidence to prosecute the other party.
Only couriers have other people's stories with my name.
What does that mean.
Do they have the same name as you?
The same village, the same house, and the same family, and he deliberately used my name to name his son.
The choice of a name is free and is not illegal unless it is of an insulting nature.
Deliberately using my name to name his son, how can I defend my rights.
This other party is not illegal, and it is free to choose a name.
The other party has not infringed, so there is no question of how to protect rights.
If he did this on purpose, then I can use his father's name.
Yes, dear, it is free to take a name.
Guan Jian was the police station who didn't give me his father's name.
The name can be changed. It is also reasonable and legal to change your name.
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Legal analysis: Changing another person's name indiscriminately violates the right to a name, and a natural person enjoys the right to a name and has the right to decide, use, change or permit others to use his or her own name in accordance with the law, but it must not violate public order and customs.
Legal basis: Article 1012 of the Civil Code of the People's Republic of China: Natural persons enjoy the right to a name, and have the right to decide, use, change, or permit others to use their names prudently and skillfully in accordance with law, but must not violate public order and good customs. Xiaofeng.
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