Father's Personality Rights Upheld Against Unauthorized Surname Change by Children

The appellate court upheld the temporary measures ordered against the mother, finding that the children's unauthorized use of their mother's new surname constituted an infringement of the divorced father's personality rights under Article 28 of the Civil Code, as the retention of the legal surname by children of divorced parents who remain under the mother's custody is a protected interest for the father, especially where there is no approved name change. The court reasoned that the father credibly demonstrated an unlawful infringement threatening him with a detriment that would be difficult to redress, as the use of the new name in public and semi-public registers suggested a finalized name change, outweighing any asserted private interest of the children, whose subjective wishes must be considered against the objective standard of their best interest, which was not sufficiently established to justify the breach.