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حقوق::
حقوق وضعیت مدنی
in proceedings concerning the constitutionality of the rule which may be inferred from Articles 237, 262 and 299 of the Civil Code, Article 72(1) of Royal Decree no. 1238 of 9 July 1939 (Law on Civil Status) and Articles 33 and 34 of Presidential Decree no. 396 of 3 November 2000 (Regulations on the review and simplification of the Law on Civil Status, adopted pursuant to Article 2(12) of Law no. 127 of 15 May 1997), initiated by the Genoa Court of Appeal in the proceedings brought by M.M. and M.G. by the referral order of 28 November 2013, registered as no. 31 in the Register of Referral Orders 2014 and published in the Official Journal of the Republic no. 13, first special series, 2014.
- By the referral order issued on 28 November 2013, the Genoa Court of Appeal raised − with reference to Articles 2, 3, 29(2) and 117(1) of the Constitution - a question concerning the constitutionality of the rule which may be inferred from Articles 237, 262 and 299 of the Civil Code, Article 72(1) of Royal Decree no. 1238 of 9 July 1939 (Law on Civil Status) and Articles 33 and 34 of Presidential Decree no. 396 of 3 November 2000 (Regulations on the review and simplification of the Law on Civil Status, adopted pursuant to Article 2(12) of Law no. 127 of 15 May 1997), insofar as it provides for "the automatic attribution of the father's surname to a legitimate child, [even] if desired otherwise by the parents".
Although the provisions governing changes of surname were amended - through the repeal of Articles 84, 85, 86, 87 and 88 of Presidential Decree no. 396 of 2000 and the introduction of a new Article 89 by Presidential Decree no. 54 of 13 March 2012, (Regulations on the review and simplification of the Law on Civil Status, adopted pursuant to Article 2(12) of Law no. 127 of 15 May 1997) - the amendments did not affect the rules governing the "original" attribution of the surname at birth.
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