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Name Mistake Affidavit for Germany

Name Mistake Affidavit Template for Germany

A Name Mistake Affidavit (eidesstattliche Versicherung zur Namensberichtigung) is a formal sworn declaration used under German law to correct errors in the spelling or presentation of a person's name in official documents. This legal instrument complies with German Civil Code (BGB) requirements and the Civil Status Act (Personenstandsgesetz), providing a formal mechanism for individuals to declare and correct name-related errors. The document includes detailed personal information, specifics about the error, supporting evidence, and a formal declaration of truth, typically requiring notarization to be legally valid in German jurisdictions.

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What is a Name Mistake Affidavit?

A Name Mistake Affidavit is a crucial legal document used when there are discrepancies or errors in how a person's name appears in official documentation under German jurisdiction. This sworn statement becomes necessary when dealing with bureaucratic processes, legal proceedings, or official records where name consistency is essential. The affidavit must comply with German legal requirements, particularly the Bürgerliches Gesetzbuch (BGB) and Personenstandsgesetz (PStG), and typically requires notarization. It serves as an official declaration explaining the nature of the error, providing the correct information, and affirming the truth of the statements under penalty of law. This document is particularly important in situations involving immigration, marriage, inheritance, property transactions, or any official proceedings where proper name documentation is crucial.

What sections should be included in a Name Mistake Affidavit?

1. Declaration Header: Formal title and declaration statement identifying this as an affidavit (eidesstattliche Versicherung)

2. Affiant Information: Full legal details of the person making the declaration including current legal name, address, date of birth, and place of birth

3. Incorrect Name Details: Specific details of the incorrect name as it appears in the document(s), including how and where it appears

4. Correct Name Details: The correct name that should be used, with precise spelling and format

5. Error Explanation: Detailed explanation of how the name mistake occurred and why this correction is necessary

6. Affected Documents: List of all official documents containing the name error that need to be corrected

7. Supporting Facts: Additional facts and circumstances that support the declaration of the name error

8. Truth Declaration: Formal statement declaring that all information provided is true and correct, acknowledging the legal consequences of false statements

9. Signature Block: Space for signature, date, and place of signing

What sections are optional to include in a Name Mistake Affidavit?

1. Witness Statement: Additional verification from witnesses who can confirm the correct name and identity, used when extra verification is helpful

2. Translation Certificate: Required when the affidavit needs to be used in non-German speaking jurisdictions

3. Historical Name Usage: Section detailing the history of name usage if relevant to establishing the correction, particularly useful for long-standing errors

4. Power of Attorney: Required if the affidavit is being submitted by an authorized representative rather than the person themselves

What schedules should be included in a Name Mistake Affidavit?

1. Identity Documents: Copies of official identification documents showing correct name (passport, birth certificate, etc.)

2. Error Evidence: Copies of documents containing the error to be corrected

3. Supporting Documentation: Any additional documents that help prove the correct name (school records, employment documents, etc.)

4. Official Forms: Any required administrative forms specific to the jurisdiction or authority where the correction is being requested

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Affidavit

Sector

Personal

Cost

Free to use
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