Numele purtat după desfacerea căsătoriei, motiv de dispută între soţi. Soluţii ale practicii judiciare în cazul schimbării numelui mamei şi în cazul divorţului pronunţat în străinătate
The name carried after the dissolution of the marriage, reason for dispute between spouses. Solutions of judicial practice in the case of the change of the mother's name and in the case of a divorce granted abroad

Summary/Abstract: The rule provided by Article 383 para. (3) of the Civil Code is the one according to which at the time of divorce each spouse returns to the name he had before the dissolution of the marriage, thus achieving a restoration of the previous situation. The rule also includes exceptions, in the sense that the spouse who by marriage took the other’s family name can keep it even after the dissolution of the marriage in two situations, expressly and limitingly regulated by Article 383 para. (1) and (2) of the Civil Code. The derogation from the general rule can be applied only when the consent of the spouses is proven or the fact that the return to the name had before the marriage would diminish or annihilate the notoriety of the husband, would create an injury to the child. The prejudicial character, respectively the gravity of this prejudice is assessed by the court, from case to case, depending on the concrete circumstances of the case. The best interests of the child, which justify the retention by a spouse of the name acquired by marriage, exists when it is proved that following the resumption by the parent of the name given before the marriage, the minor resulting from the marriage of the parties would suffer in the sense that he would lose or the possibilities of social identification would be diminished.

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