Abstract

The Polish law provides that the spouse who changed his or her surname upon marriage shall keep the changed surname after divorce. Article 59 of the Family and Guardianship Code allows him or her to apply to the head of a civil registry office or a Polish consul for reversion to previous surname. Neither the former spouse nor any other person or authority may force the entitled person to file such application. Some commentators argue that this can lead to violations of personal rights of the former spouse, and therefore it is necessary to grant him or her a claim to have the other party change his or her surname. In the article these proposals were analysed taking into consideration the legal character of the regulations concerning surnames of spouses. The main conclusion is that the proposed statutory changes are neither well founded nor necessary, since under the applicable law the rights and interests of the former spouse of the person who retained his or her name after divorce are duly protected.