Monitor Prawniczy

no. 6/2014

Requesting the name change by a divorced spouse in the light of personal rights protection

Jerzy Akińcza
Asystent w Katedrze Bezpieczeństwa i Porządku Publicznego na Wydziale Prawa i Administracji Uniwersytetu Warmińsko-Mazurskiego w Olsztynie.
Abstract

Lack of possibility to protect a name against violations of this personal right by the ex-spouse who has retained the name after the divorce remains an important issue, which has not yet been discussed in the science of law or implemented in practice. This is related to absence of legal instruments which would allow for any action in this respect. The proposed normative changes regarding introduction of Art. 59.1 to the Family and Guardianship Code seem to meet the need for full protection of name as a personal right.