Revising the Distinction between Persons and Things. Is the Name Property?

7 Pages Posted: 28 Oct 2008

See all articles by Audrey Guinchard

Audrey Guinchard

University of Essex - School of Law

Date Written: September 27, 2006

Abstract

This paper studies how the law conceives the relations between society and a person around one component of an individual's identity: the person's name. By giving a name, and transcribing it into the civil status registers, society recognizes an individual's existence. However, society may also seek to regulate the change and acquisition of a name, thus revealing the State's approach towards the person (liberty or control). In France, there is a right to the name, but not a property right; on the contrary, the current doctrine in England and Wales is that there is no right to the name, i.e. no property right to defend one's name against the use by another. However, French law requires prior authorization to change one's names, which seems contrary to the idea of a right, whereas English law barely regulates the change of names, leaving an individual free to do what s/he chooses. This is an early investigation on the subject

Keywords: Surname, immutability, person, identity, French Law, English Law

JEL Classification: K10, K11, K00

Suggested Citation

Guinchard, Audrey, Revising the Distinction between Persons and Things. Is the Name Property? (September 27, 2006). Available at SSRN: https://ssrn.com/abstract=1290042 or http://dx.doi.org/10.2139/ssrn.1290042

Audrey Guinchard (Contact Author)

University of Essex - School of Law ( email )

Colchester, Essex CO43SQ
United Kingdom

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