Search

The name is important both to the individual and to the society. Therefore, it is important to understand its role in both shaping the private sense of self and identity and in reflecting and sustaining the social institutions such as the state, family. The aim of this article is to contribute to the better understanding of the scope of Article 8 from the European Convention of Human Rights in what concerns the right to bear a name. The great variety of issues that have been covered by this article has generated a huge literature in which Article 8 was treated as one of the most open -ended provisions of the ECHR. In this context, it was underlined the inclusion of the right to name into the domain of this article, while tracing the connotation given by the Court in the attempt to establish an infringement of the right to privacy and family. Moreover, the case law presented reveals that there are fluctuations in the approach of the Court, showing also the cases in which it was not found a violation of Article 8. However, the infringement of one's right to name could reveal different ways of intrusion in the private life or family life, but in any situation, it is engaged liability for the damage caused. [ABSTRACT FROM AUTHOR]

Gender equality is one of the most contentious matters in the contemporary Turkish society. Unlike in many other parts of the developed world, Turkish women still struggle to use their maiden name, as well as to pass it on to their children upon marriage. A woman's surname is of crucial importance to her identity. Despite the fact that Turkey is a part of the European Civil Law tradition and the Turkish Civil Code has a specific provision regarding women's surnames, Turkey has failed to grant its female population a choice in relation to their surname after marriage. The European Court of Human Rights has, in the past, censured Turkey on this very issue. The censure prompted Turkish lawmakers to accept an individual application mechanism before the Turkish Constitutional Court. This mechanism, however, does not guarantee gender equality or a choice for women to maintain their maiden name after marriage in Turkey. This article examines gender equality in Turkey through the problem of lack of right for wives to choose their marital surname upon marriage and exposes a gap between Turkey's domestic law practice and its international commitments by analyzing the case law of the Turkish judiciary and the European Court of Human Rights. [ABSTRACT FROM AUTHOR]

Although surnames are ubiquitous in American society, their origins and development in English history are not well known. Women often held individualized surnames reflecting specific traits, occupations, statuses, or parentage (e.g. Fairwife, Silkwoman, Widow, Robertdaughter), and some passed those names on to their children as well. But women's names have been overridden as a result of changes in naming practices that arose over time; women have largely been written out of history as a result. This paper explores the development of women's surnames as far back as they first appeared in eleventh century Britain. The staunchly gendered contemporary status quo of women's name changes at marriage is a relatively recent historical phenomenon. My research suggests that principles of coverture and female legal impotence in some ways actually became more rigid and restrictive over time, rather than less, and that what we consider to be "traditional" when it comes to naming practices was historically nowhere near as unyielding and male-oriented as it later became. These findings shed new light on the ways in which patriarchy becomes enshrined into cultural and legal systems, as well as modern liberal theory coalescing around concepts of liberty and rights which sprouted precisely during the time in which women's freedoms were becoming most vigorously suppressed. [ABSTRACT FROM AUTHOR]

Copyright of Ankara Barosu Dergileri is the property of Ankara Bar Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article offers information on the use of personal names as trademark rights and as publicity rights. It discusses the partial alienability theory of publicity rights regarding prohibition of the trademark use for assignment of personal names. It analyzes the decision of the U.S. district Court for Southern District of New York in JA Apparel Corp. v. Joseph Abboud regarding transfer of publicity rights along with trademark rights.

The article focuses on the issue of the requirement of spousal notification and consent in name-change law in Massachusetts. It discusses reasons which are making spousal-consent requirement a problem. It suggests some changes to cure the disparity. It also suggests some legislative remedies to address the outdated spousal-consent requirement for name changes. It also explores the negative impact of the consent requirement.

The article discusses surnames given to children in the late 18th and early 19th century in Saluzzo, Italy and references to the Italian Campaigns of the French Revolutionary War in the names. Topics discussed include legal dictates concerning names for children during this time, names given to abandoned children, and Italian patriotism in naming.

The article discusses several legal developments involving Internet domain names in the U.S. as of November 2012, focusing on various cases brought under America's Anticybersquatting Consumer Protection Act on topics such as the bad intent to profit, domain name registrar liability, and the re-registration of a domain name. The unauthorized use of a personal name and the Uniform Domain Name Dispute Resolution Policy are examined in a legal case involving actress Nicole Richie.

Abstract: Recent French legislative reforms have established a system of name transmission that is less rigid than in the past. But this new system, beneath its more liberal appearances, is not less controlled by the law. The devolution of the name remains an affair of the law: it is the law that determines which name can be transmitted. Finally, the main value of these new laws was to introduce into the legislation some formerly unknown spaces of liberty. These new spaces demonstrate that, from the perspective of the current legislator, the name has in part surpassed its function as civil police to additionally become an aspect of the private and family life of its owner. [Copyright &y& Elsevier]

Abstract: Recent legal provisions, in force since January 2005, allow parents to declare a family name for their first child by choosing it among their own names. The term “Family name” has since replaced that of “patronymic” and a new registered form has been created, “the double name” associating both the father''s and the mother''s family name. This reform, being as important as complex and which began in 2002 and was implemented in 2005, particularly affects the method of transmission of the child''s name and offers research new openings which will enable us to explore the representations of family in society today. This new institution, in that it favors the transmission of the name following the process of attribution, carries with it, until childbirth, an extra burden of personal commitment. It also highlights the permeability of the unconscious psychic issues and points out the singularity of the notion of transmission, which takes its color through a movement of appropriation singular to each individual within his or her history. [Copyright &y& Elsevier]

This Article provides the first comprehensive legal analysis of parents' rights to name their own children. Currently, state laws restrict parental naming rights in a number of ways, from restrictions on particular surnames, to restrictions on diacritical marks, to prohibitions on obscenities, numerals, and pictograms. Yet state laws do not prohibit seemingly horrific names like "Adolf Hitler," the name recently given to a New Jersey boy. This Article argues that state laws restricting parental naming rights are subject to strict scrutiny under both the Due Process Clause of the Fourteenth Amendment and the Free Speech Clause of the First Amendment. This Article concludes that although many restrictions are constitutional, prohibitions on diacritical marks, such as that employed by the state of California, are unconstitutional. If parents wish to name their child "Lucía" or "José," they have a constitutional right to do so. Similarly, current laws restricting parental choice of surnames fail strict scrutiny review. This Article also considers the constitutionally and desirability of statutory reforms that would address certain harmful names not prohibited by current law. [ABSTRACT FROM AUTHOR]

Abstract: This paper discusses name-avoidance by Cameroonians, and some of the socio-pragmatic impacts it creates. Focus is on five items that are often used in place of personal names—manyi (mother of twins), tanyi (father of twins), moyo (in-law, especially male), mbanya (co-wife in a polygamous marriage), and mbombo (namesake). The paper identifies some of the contexts in, and the purposes for, which these terms are used. Cameroon, like many other postcolonial contexts, is acutely different from certain English-based Western cultures in which using someone''s personal name may be part of a positive politeness strategy and not disrespect or impoliteness as it is the case in the Cameroonian and some other African cultures. To call certain people by their personal names in these cultures is not only disrespectful but also a sign that they have no honor to merit the respect that goes with not calling their names. The terms studied here are also often used strategically on people who are not, for instance, mothers/fathers of twins or who may just well be strangers or first time acquaintances. [Copyright &y& Elsevier]

This article investigates the legislative process that produced the 1930 Nationalist Family Law Book of the Republican Civil Code, focusing in particular on the debate over married women's surnames. In the accompanying discussion, Guomindang (GMD) lawmakers, legal experts, educators, women's rights advocates, and others grappled in a remarkably open manner over how best to address the surname question in light of their concerns with Party consolidation, legal modernisation, gender equality, social stability, and individual identity. Although the outcome of the legislative process affirmed customary surname practices (albeit with progressive overtones), the process itself was uniquely radical, with participants thoroughly reevaluating one of the oldest and most fundamental patriarchal institutions in Chinese society. The legislative and post-legislative debate over surnames illuminates the Nanjing Decade as a singular transitional period in the history of Chinese law and gender during which law was subject to revision and amendment rather than orthodoxy, and GMD policy toward women was subject to deliberation rather than dictated by ideology. [ABSTRACT FROM AUTHOR]

The article discusses Arkansas rules on the use of pseudonym, for which the rules on federal and Arkansas civil procedure are silent. It notes that opposition to the use of pseudonym cites the lack of authority while courts allowing it cite the lack of prohibition. It states that the Rules on Civil Procedure does not contain pseudonym rules. It adds that the Arkansas courts have heard the call of legal practitioners throughout Arkansas and the U.S. for clarity in the area of pseudonym use.

Past research has well established that the personal name a woman carries can have a significant impact upon the way she is perceived by her surrounding environment. The power of this impact may be significantly increased during periods of sociopolitical unrest. Using the techniques of corpus linguistics, this paper traces diachronic variations in the twenty most popular girls' names chosen by German parents between 1934 and 1950. To supplement this empirical analysis, historical information is provided on onomastic legislation which not only affected societal preferences in female names, but also the individual lives of the women who carried them. [ABSTRACT FROM AUTHOR]

The article offers information on the legal aspects of evocation and cultural-related studies. It mentions the legality issues over the claim for publicity rights and the use of identity and cites its impact on evocation. In addition, these issues have already been occurred and happened to several prominent people, celebrities, entertainers, and other important persons and notes the efforts of judges and law scholars in settling these identity dilemmas. Furthermore, the popularity, indicia, and the names of these celebrities and their legalities are also discussed.

This article places the surname Italianization campaign in Italy's Adriatic borderlands from 1927 to 1943 in the broader context of fascist schemes to promote Italian nationalism and construct the Italian national community. A facet of legislative ethnic engineering, surname alteration policy was common to most successor states in the interwar period. In eastern Italy, while ethnic Slovenes and Croats bore the brunt of forcible acculturation, the measures intended to support nationalist, irredentist and imperial aspirations not to persecute Slavs. The fascist authorities' approach to minorities was more nuanced than scholars have recognized in their attentions to competition between west and east, 'European' and 'Balkan', Italian and Slav. [ABSTRACT FROM AUTHOR]

This paper deals with the rights of the child primarily in Serbian family law. According to Serbian Family Act 2005 the child at a certain age acquires some specific rights. For instance, at the age of fifteen if the child is able to reason he has these rights: to change a personal name, to get the information on his/her origins, to decide with which parent he/she will live, on maintaining personal contact with the parent he/she does not live with, the right to give consent to medical procedures, to decide which secondary school he/she will attend. The child has the right to freely express his or her opinion if the child is capable of forming an opinion. When reaches ten years of age the child has the right to freely and directly express his/her opinion. The Family Act of Serbia 2005 has introduced a special court proceeding in disputes for the protection of the child's rights. [ABSTRACT FROM AUTHOR]

The article discusses the rights of a child under Serbian law promulgated in 2006. It notes that the new Serbian Constitution include the modern rights of a child and the rights and duties of parents under the human and minority rights and freedoms section. The rights of a child under such law are examined which includes the right to know about one's origin, the right to personal name and the right to live with parents and to parental care. It concludes that the Serbian law on child rights satisfied higher European standards.

The article discusses the 2014 court case Ciresa Snc di Ciresa Vittorio e Alfredo v. Guido Ciresa Prodotti Caseari dei F.lli Ciresa Walter e c Snc and others, wherein the Italian Court of Cassation has ruled that a partonymic trademark owner can prevent a third party from using his patronymic name in the course of trade. Topics discussed include the difference between the functions of trade names and trademarks according to the court and the requirements for qualifying for exceptions.

Avant la dcision de la Cour suprme de l'Ontario dans l'affaire Paul et Wright, la lgislation sur l'tat civil de l'Ontario interdisait de donner aux enfants de personnes maries le nom de famille de leur mre. Dans cette décision, M. le juge O'Brien a considr que l'article 6(4) de cette loi violait les dispositions relatives aux droits l'galit de la Charte canadienne des droits et liberts. Pour Katharine Tummon, il s'agit d'une dcision importante, non seulement au plan des droits fondamentaux qu'elle protge, mais aussi au plan de la sanction, comme exemple de l'interaction entre lgislateurs et juges en vue d'assurer la conformit des lois avec la Charte. L'article 6(4) de la Loi a t contest au motif qu'il refuserait aux femmes un droit gal de donner un nom leurs enfants et contrevenait ainsi aux dispositions des articles 15 et 28 de la Charte. A noter qu'il n'existe aucune interdiction du genre en common law. L'intim, le registraire gnral de l'tat civil, a convenu que cette disposition tait en soi discriminatoire. Les parties craignaient cependant qu'une dcision la dclarant nulle et non avenue ne mine la structure administrative mise en place par la Loi et cre un vide sur le plan de la rglementation. Ce facteur, de mme que le fait de savoir que l'assemble lgislative avait té saisie de certains amendements concernant notamment des mcanismes de r-enregistrement des enfants selon les dsirs de leurs parents, a donn beaucoup de poids la dfense de l'article 1 par le gouvernement. Les avocats ont ngoci un compromis: ils ont demand au juge de dclarer l'article 6(4) comme nul et non avenu seulement dans la mesure o il interdit une femme marie de donner son nom de famille son enfant. Le juge a accept ce compromis. Le procureur gnral de l'Ontario a insist pour que la loi modifiée soit adopte rapidement, afin d'viter d'autres contestations judiciaires. Cette incitation a... [ABSTRACT FROM AUTHOR]

Refusal of authorities to give mother's surname to child when family name of spouses is the father's [ABSTRACT FROM AUTHOR]

A recent decision of the Federal Court of Australia determined whether prominent Australian business man, Bob Jane, could continue to use his own name in the course of trade. The Federal Court decision is a reminder that there is no unqualified right to use your personal name in the course of trade and, should it be registered as a trade mark, continued use of the name without authorization from the mark's owner will constitute an infringement under Australian law. [ABSTRACT FROM PUBLISHER]

The article reports on the changes made by the British Patent Office to rules governing registering names as trademarks. The changes, according to the agency, will make it easier for applicants to obtain trademarks for surnames, full names and forenames. The new guidelines are deemed more generous by trademark and patent professionals than the previous sets.

Refusal of authorities to allow a change of name. [ABSTRACT FROM AUTHOR]