NOME

NAME. — It is a general means of language, capable of indicating any thinkable being; but it acquires particular social and juridical importance insofar as it serves to indicate persons. In this regard, one must recall the Roman text according to which “Nomina... significandorum hominum gratia repertus sunt” (I, II, 20, 29).

I. SACRED AND THEOPHORIC NAMES

The personal name, considered by primitive mentality as an integral part of the individual and almost as their soul, has always been the object of particular precautions, both in its choice and in the opportunity to conceal or alter it so as to avoid hostile magical acts.

When referred to divine beings, names took on a generic meaning for primitives: the Old One, the Father, the Lord, etc., because their features were not yet well defined. At this stage, names could also take on meanings expressing the action that divine beings were invited to exercise for the benefit of humans, as in the case of the indigitamenta (q.v.) of the Romans—lists of deities each presiding over a specific moment or function of life, whether physical, such as Educa, who presides over eating, Fabulinus over speech, Cumina over the cradle; or agricultural, such as Vervactor, who presides over plowing, etc. These are the gods that H. Usener calls "momentary," representing, according to him, the first phase of religious thought in relation to the primitive's first impression, identified by the name corresponding to the action (on the development of these gods from momentary to category gods and to personal gods, see USENER, HERMANN regarding divine names considered by the naturalistic school of Max Müller as "nomina agentis," inasmuch as they express the quality of the action they perform, see MÜLLER, F. MAX).

1. Theophoric names

Theophoric names are widely used because the bearer feels under the special protection of the deity. These names, to which a nominal or verbal predicate is added, express the idea that the god is a giver, strong, sovereign, etc.: thus Elimelech “my god is king,” Ben Haddad “son of Hadad,” Abd Ešmun “servant of Ešmun,” Mithridates “gift of Mithra,” Isidorus “gift of Isis,” Theodorus “gift of God,” etc.

The abandonment of the usual name and the assumption of a new, sacred one often occurs with a change of state to express the new condition of life and the spiritual and social orientation of the same. In Egypt, the enthroned pharaoh assumed the name of the god he considered his protector. Thus, when Amenophis IV established, against the Theban priesthood of Ammon, the cult of the solar disk (Aton), he called himself Akh-en-aton “Aton rejoices.” The supreme head of the Eleusinian priesthood, upon taking office, replaced his personal name with that of his function as hierophant “he who shows sacred things”: the old name “was cast into the sea” (cf. Lucian, Lexiph. 10). This practice, called hieronymato (ἐπόνυμον), remained in force, though not strictly prescribed, throughout the imperial era.

Even today, those who join certain religious orders change their name to signify the new orientation of their life.

2. Sacred names

Sacred names, by virtue of their mystical participation with the being to which they refer, are considered powerful safeguards, both in moments of danger and in the course of daily life. It is hardly necessary to recall the great apostolate to which St. Bernardino of Siena dedicated himself in spreading the invocation, depiction, and graphic dissemination of the name of Jesus.
BIBL.: E. Clodd, Fiabe e filosofia primitiva, trad. it., Torino 1906; H. Usener, Götternamen, 1st ed. Bonn 1896, 2nd ed., ibid. 1920; V. Larock, Essai sur la valeur sacrée et la valeur sociale des noms de personnes dans les sociétés inférieures, in Rev. de l'hist. religions, 101-102 (1930), see indices. Nicola Turchi

II. CIVIL NAME

The legal system attributes to every subject a right to a name, classified among the rights of personality. Every subject, in fact, necessarily acquires a name, that is, the verbal sign through which their personal identity is realized; nor can they lose it or transfer it to others.

The name includes a given name and a surname. The given name, ordinarily drawn from the calendars of different cults or from the names of historical figures, constitutes a special means of designating the person within the family group; through it, the person is distinguished from other members of their family group. The surname, on the other hand, indicates family belonging; insofar as it contributes to the formation of the personal name, it also serves to identify the person: through it, the person is distinguished from subjects of other family groups who may share the same given name.

The name is immutable. Article 6, second paragraph of the Civil Code expressly sanctions the principle of immutability, with respect to which exceptions can only exist in cases determined by law, namely: changes in family status through marriage or adoption (in which case the surname of the woman who marries or the adopted person is changed accordingly, *ipso iure*); or the granting of a name change by public authority.

Since there exists a right to a name, this is protected by judicial remedies, which are implemented through two distinct actions. The first of these protects the use of the name by the person to whom the name belongs. The right to a name includes the power of enjoyment of the name: that is, the power to use the name to enjoy that personal identity to which it contributes. Against acts by third parties that conflict with this use of the name, the subject may react by initiating an action for the reclamation of the name.

The second action, instead, protects the exclusivity of the use of the name by the person to whom it belongs. The power of enjoyment of the name has an exclusive character, and therefore the holder may demand that others refrain from using their name to refer to subjects other than themselves; otherwise, the confusions that would arise would prevent the name from fulfilling its identifying function. Against acts by third parties that infringe upon the exclusivity of the use of the name, the subject may react by initiating an action for usurpation of the name.

The name, which has been discussed thus far, constitutes the civil name, a necessary, indispensable designation for every subject of the legal system. Alongside it, secondary, accessory distinctive signs may exist, such as nicknames and pseudonyms. The latter designates the person within a particular sphere of activity (e.g., journalistic, artistic, etc.). According to Article 9 of the Civil Code, it is protected in the same way as the name, provided it is used by a person in such a way as to have acquired the importance of a name.

BIBL.: N. Stolfi, I segni di distinzione personali, Napoli 1905; A. De Cupis, Il diritto all'identità personale, I, I, Milano 1909; id., I diritti della personalità, ibid. 1950, p. 139 ff. Adriano De Cupis

III. BAPTISMAL NAME

It is an ancient custom in the Catholic Church to confer a Christian name on the baptized.

This practice is sanctioned by the Ritual: “Since those who are baptized, as children of God to be reborn in Christ and enrolled in His army, are given a name, let the parish priest (curate) ensure that they are not given names that are either fabulous, ridiculous, or of empty gods or impious pagan men, but rather, as far as possible, a name of a saint; by their examples, the faithful may be spurred to live piously and be protected by their patronage” (tit. II, cap. I, no. 54). If the parents fail to fulfill this obligation, no consequence should befall the child, for