Proposal of eliminating of parental surname in El Salvador

Abstract

This article aims to show the reader the possibility to eliminate the biological paternal surname through a reform to the Natural Person Name Law. The research has been performed based on a legal study as a reason of its realization, the definitive sentence issued by the Constitutional Chamber of the Supreme Court of Justice with reference 45-2012, which allows to analyze one of its recitals, the existence of that possibility. It has also been made relationship with a definitive judgment issued by the Second Instance Chamber of the Blue City, Argentina, which reflects in that country is regulated legal institution of “fair motives”, allowing the possibility of eliminating of the paternal or maternal surname.In the article, in addition to Salvadoran law relationship is applied, which is currently demonstrating  the impossibility of eliminating the paternal surname, being the Family Code Article 156 which  imposes such an obstacle, but also, it has made regarding Salvadoran secondary laws that regulate similar legal basis given by the Chamber of the Azul city, as well as international treaties, which leaves open the possibility of eliminating the paternal surname in El Salvador through a reform the current Name of Natural Person Act.