https://doi.org/10.31261/PPPM.2010.07.06
The commented judgement concerns the transcription of foreign certificate of personal status (marriage certficate) that is regulated in article 73 sec. 1 of Act on Personal Status Registration (p.a.s.c). The Supreme Court stated that in frames of the transcription of the marriage certificate it is not allowed to change the surname of the married woman that was palced in the certificate. In this case the problem was about the replacement of the ending from „cki” into „cka”. The thesis should be assessed positively. In the reasons for the sentence the Supreme Court have also taken a stand concerning some significant issues. It should be also approved the opinion of the Supreme Court that the impact of the contracting marriage on the surname — because of the lack of the regulation in Private International Law Act of 1965 — it should be assessed according to the law applicable for the effects of the contract of the marriage ( it is indicated in article 17 of the Private International Law Act of 1965). The place of residence as the connecting factor included in conflict of law rule from article 17 paragraph 3 of Private International Law Act of 1965 should be interpreted autonomous to the use of the abovementioned rule. It is not recommended the imputation of the decisive role of the registration as the act of the public law. The Supreme Court, unnecessarily referred to the overriding mandatory rules, when trying to find the legal basis of apllication of article 73 sec. 1 p.o.s.c. Nevertheless, the Supreme Court correctly included the surname to the personal interests that is protected not only by the civil law rules but also by the rules of the Constitution and by the rules of some of the Conventions.
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Vol. 7 (2010)
Published: 2010-12-31
10.31261/PPGOS
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English
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