What should I do if someone else uses your name?

Mondo Social Updated on 2024-01-31

[Case].

Xu was admitted to the county key high school with excellent results, but his family was poor and could not afford to pay his tuition, so he had to drop out of school and go out to work. A few years later, by chance, he learned that his former classmate Yang took advantage of his father's personal relationship with the principal at that time to fraudulently use Xu's results in the high school entrance examination to enter a key high school, and later took the university entrance examination. To this day, Yang is still using Xu's name to participate in various social activities. Excuse me, what responsibility does Yang have for Xu?

Legal Analysis] Yang violated Xu's right to name and should bear the corresponding civil liability. China's laws clearly stipulate that citizens enjoy the right to a name, and have the right to decide, use, and change their names in accordance with regulations, and prohibit others from interfering, misappropriating, and counterfeiting. In other words, any act of interfering with, misappropriating or counterfeiting a citizen's name constitutes an infringement of a citizen's right to a name. In order to achieve the goal of attending a key high school, Yang stole Xu's name, and Xu's behavior of studying in high school, college, and participating in social activities in Xu's name is characterized by law, which is an illegal act of stealing the name rights of others. In addition, according to the Opinions on the General Principles of the Civil Law, a person who instigates or assists others to commit tortious acts is a joint tortfeasor and shall bear joint and several civil liability. It can be seen that Yang's father and the principal at that time were joint tortfeasors and should bear joint and several civil liability.

Article 1014 of the Civil Code: No organization or individual may infringe upon the name or title rights of others by means of interference, misappropriation, counterfeiting, etc.

Article 1168 of the Civil Code: Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

Any legal questions are welcome to be consulted.

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