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Neno's Place Established in 2006 as a Community of Reality


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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

Many Topics Including The Oldest Dinar Community. Copyright © 2006-2020


    Bullying and similarity are the most prominent reasons.. Everything you need to know about changing

    Rocky
    Rocky
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    Join date : 2012-12-21

    Bullying and similarity are the most prominent reasons.. Everything you need to know about changing  Empty Bullying and similarity are the most prominent reasons.. Everything you need to know about changing

    Post by Rocky Fri 01 Dec 2023, 4:01 am

    [size=52]Bullying and similarity are the most prominent reasons.. Everything you need to know about changing names in Iraq[/size]

    [size=45]Fatima Muhammad, a pseudonym for a woman in her late thirties, suffered from her real name because it was similar to the name of another woman with the same name, but the latter was wanted in court.[/size]
    [size=45]Muhammad stood before the judge more than once to explain to him the reasons for preventing her from traveling because of this similarity. This case caused her to spend an entire night on the Iraqi border with one of the neighboring countries, and every time the woman in her thirties intended to travel, she needed long procedures to prove her personal identity, which finally forced her to change her identity. It is called a law to get rid of these consequences.[/size]
    [size=45]Similarity is one of the reasons that prompt Iraqis to change their names, but there are other reasons for this. The young man in his twenties, Khaled, suffered from the name he took after his father swore to name him after one of his well-known grandfathers. However, the name was socially unacceptable, which caused him psychological harm and bullying throughout his life. During his childhood, he made his decision when he reached legal age and decided to change his name despite his father’s opposition.[/size]
    [size=45]Regarding these cases, Judge Muhammad Ali Nadim told Al-Qadha newspaper, “The personal name is the proper name that clarifies the person’s identity, and it usually includes the name acquired at birth or at a young age, along with the name of the father, paternal grandfather, and surname.”[/size]
    [size=45]He adds that “National Card Law No. (3) of 2016 in Article 1/Fourteenth defines the abstract name as the name of the person that distinguishes him from others in the same family registered in the civil registry and the information base, and the surname is also defined in Paragraph (Eighteen) of the same article.” It is the nickname adopted by the head of the family registered in the civil registry and the civil information database.”[/size]
    [size=45]Nadim notes that “the name is linked to the person at his birth. The name may appear in the birth certificate, where information is recorded based on the civil status identity card, the parents’ national ID, or what the parents present in other official documents if it is not possible to obtain the two aforementioned documents. It may appear in the birth proof.” Issued by the Personal Status Court or the Personal Matters Court, and the provisions of the Civil Procedure Code are followed with regard to challenging the issued argument. The argument must include the newborn’s name, surname, gender, father’s name, paternal grandfather, mother’s name, maternal grandfather, religion, date of birth by day, month, year, place of birth, newspaper number, register, and name of the governorate. And Al-Waleed’s address.”[/size]
    [size=45]He clarifies that “the data contained in the birth certificate, to which the name of the health institution in which the birth took place and the signature of the obstetrician are added, are the same as what is recorded. The Births and Deaths Registration Law No. 148 of 1971, amended in Article 2/21, dealt with the case of changing the name, as it stipulated that: It is not permissible to alter the information contained in the birth certificate in the official birth records or add missing clarifications, except with the exception of a ruling issued by a competent court that has the status of finality.”[/size]
    [size=45]The judge continues, “The aforementioned law has entrusted the competent court, which is the court of first instance, with its general jurisdiction to consider the lawsuit to change the name of the newborn recorded in the birth certificate, where the compulsory guardian files the lawsuit against the Director General of the Health Department (which registered the birth certificate) in addition to his job, that The legal text dealt with two cases: (1 - Amendment 2 - Substitution) of the information contained in the birth certificate,” pointing out that “Among the information contained in the birth certificate is the name of the newborn, provided that the birth certificate has not been registered in the civil registry and a national card has been issued.” For the newborn in accordance with the National Card Law No. 3 of 2016, where upon issuance of the national card for the newborn, the authority to change the name goes to the Director of General Citizenship in accordance with the provisions of Article 22 of the National Card Law No. (3) of 2016.”[/size]
    [size=45]Regarding the reasons that the law considers necessitating changing the name, Nadim explains that “Article 22 of the National Card Law No. (3) of 2016 stipulates that there must be convincing reasons for doing so, and among those reasons is that the name indicates obscene or obscene characteristics. It is contrary to public order or morals, or indicates insult, or causes severe embarrassment to its owner, or any other convincing reasons. It is also permissible to change the name if the person changes his religion to Islam, except that the Births and Deaths Registration Law No. 148 of 1971, as amended, did not stipulate specific conditions for changing the name (as One of the information contained in the birth certificate) and therefore the matter is subject to the jurisdiction of the court of first instance hearing the case and according to the investigations it conducts in the case and its conviction according to the documents presented in the case.”[/size]
    [size=45]He added that “Article 21/First of the National ID Law stipulates that a person may, for one time, change his abstract name, meaning that changing the name is only once. Secondly, the paragraph of the same article excluded whoever changes his religion to the religion of Islam, meaning that it is permissible for someone who changes his religion to change his name.” The abstract, even if it had changed its abstract name before that.”[/size]
    [size=45]Regarding the mechanism or legal procedures for changing the name, he says: “The name is changed in the birth certificate (which is not registered in the civil registry and which has not yet issued a national card for the newborn) through a lawsuit filed before the Court of First Instance, filed by the guardian or the person responsible for the guardian’s care, and brought before the Director General of the Health Department.” Which registered the birth certificate and is examining the case in accordance with the Births and Deaths Registration Law No. 148 of 1971. The plaintiff shall bear the costs of the lawsuit in all cases, and the ruling issued therein shall be subject to appeal by way of cassation before the Federal Court of Cassation.”[/size]
    [size=45]If the name registered in the civil registry is changed, according to the judge, “it shall be based on a written request from the registration holder or his legal representative, provided that the General Naturalization Directorate shall publish the request in one of the local newspapers once at the plaintiff’s expense, and the request shall be considered after (15) days from the date of publication in accordance with the provisions of Article 22 of the National Card Law. However, in the event of changing the abstract name if it is accompanied by changing the religion to Islam, it shall take place before the Personal Matters Court based on the provisions of Article 26/Third of the National Card Law and in this case it shall not be subject to publication.”[/size]
    [size=45]The judge points out that “the aforementioned legal texts have addressed the severe embarrassment that some people may face because of their names, some of which may indicate primitive characteristics or denote humiliation and insult, and have drawn up the legal path for changing and changing those names, which is a legal procedure that includes social treatment.” For these cases, the embarrassment of those who suffer is relieved in a manner consistent with public taste and in a way that preserves the person’s dignity and respect in his social environment.”[/size]
    [size=45]The judge mentions some of the cases that the judiciary deals with, and they are within the limits of changing names in the birth certificate, which is through the lawsuit filed by the obligatory guardian or the person responsible for caring for the newborn, and often it is strange matters. As for changing the name in the national card, it is before the Director General of Nationality, except in the case of changing the name according to the change of religion. To Islam, he will be before the Personal Matters Court.[/size]
    [size=45]The judge recommends to the parents, “Whoever is responsible for caring for the newborn should choose a name for the newborn that is acceptable in society and that does not insult or cause embarrassment to the person in the future.[/size]
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