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حقوق::
دادگاه ارجاع دهنده
It must be pointed out, as a preliminary matter, that the provisions identified by the referring court also include Article 72(1) of Royal Decree no. 1238 of 1939, which was however repealed by Article 110 of Presidential Decree no. 396 of 2000.
However, it is apparent from the overall tone of the arguments set forth in the referral order that this provision is targeted by the objections made by the referring court for the sole purpose of rendering explicit the rule − which is presupposed by it - providing for the automatic attribution of the father's surname only.
In these rulings, the Court acknowledged the existence of that rule, as a premise of the same provisions - albeit applicable to different factual situations - as those identified by the referring court in these proceedings (Articles 237, 262 and 299 of the Civil Code Articles 33 and 34 of Presidential Decree no. 396 of 2000).
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