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=S=> BGB 1355. 1 The spouses should determine a common family name ( family name ) . The spouses have the family name determined by them . If the spouses do not determine a family name , they keep the names they use when the marriage is entered into after the marriage too .
=S=> BGB 1355. 2 The spouses may choose the birth name of the husband or the wife or the name the husband or wife had at the time of the declaration on the determination of the family name as family name by declaration to the registry of births , deaths and marriages .
=S=> BGB 1355. 3 The declaration on the determination of the family name should be made when the marriage is entered into . If the declaration is made later , it must be notarially certified .
=S=> BGB 1355. 4 A spouse whose name does not become the family name may , by declaration to the registry of births , deaths and marriages , attach his birth name or the name he has at the time of the declaration on the determination of the family name before or after the family name . This does not apply if the family name consists of more than one name . If the name of one spouse consists of more than one name , only one of these names may be attached . The declaration may be revoked to the registry of births , deaths and marriages ; in this case , a new declaration under sentence 1 is not admissible . The declaration and the revocation must be notarially certified .
=S=> BGB 1355. 5 The widowed or divorced spouse retains the family name . He may , by declaration to the registry of births , deaths and marriages , reassume his birth name or the name that he had until the determination of the family name , or attach his birth name or the name he had at the time of the determination of the family name before or after the family name . Subsection ( 4 ) applies with the necessary modifications .
=S=> BGB 1355. 6 Birth name means the name that is to be entered in the birth certificate of a spouse at the date of the declaration to the registry of births , deaths and marriages .
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