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The Reputed Wife's Surname

Published online by Cambridge University Press:  12 February 2016

M. D. Gouldman
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Type
Cases
Information
Israel Law Review , Volume 2 , Issue 2 , April 1967 , pp. 278 - 282
Copyright
Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1967

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References

1 e.g. Baines' Name Act, 1907.

2 See Halsbury, , Laws of England, 3rd ed., vol. 29, p. 393.Google Scholar

3 10 L.S.I. 95

4 See Names Law, sees. 10, 15 and 16.

5 See Rabbinical Courts Jurisdiction (Marriage and Divorce) Law, 1953, 7 L.S.I. 139.

6 On the strength of the German divorce certificate the petitioner had been registered in the civil population register as a divorcee. For in accordance with the Supreme Court's decision in Funk-Shlesinger v. Minister of the Interior ((1963) 17 P.D. 225) it is not the population registration clerk's duty to inquire into the validity or otherwise of marriages and divorces but to effect the necessary entries in accordance with the certificates (including the certificates of foreign authorities) produced to him.

7 The second respondent, Mr. Rosenheim's son, contended that his father had in any case promised him that he would never marry the petitioner.

8 Civil Case (Haifa) 639/64 (unreported).

9 8 L.S.I. 4.

10 Thus the former wife of a peer could not be restrained from using his name and title even after the dissolution of her marriage to him and her re-marriage to a commoner. Earl Cowley v. Countess Cowley [1901] A.C. 450.

11 See Corpus Juris Secundum, vol. 65, p. 25.

12 268 Hatsaot Hok (Draft Laws) 1956, p. 132.

13 Names Law, sec. 20.

14 See for example, National Insurance Law, 1953, 8 L.S.I. 4; Defence Army of Israel (Permanent Service) (Benefits) Law, 1954, 8 L.S.I. 149; State Service (Benefits) Law, 1955, 9 L.S.I. 149; Tenants' Protection Law, 1955, 9 L.S.I. 172; Border Victims (Benefits) Law, 1956, 11 L.S.I. 19; Invalids (Pensions and Rehabilitation) Law, 1959 (Consolidated Version), 13 L.S.I. 154.

15 Names Law, secs. 3 and 4.

16 Names Law, sec. 6.

17 (1962) 16 P.D. 102 at p. 108.