TITLES OF DIGNITY. - They are verbal marks capable of completing a person's identity, with a function that is therefore both identifying and honorific. The prefixing, or addition, of the title to the name, obviating homonymies, is useful for distinguishing the person, upon whom, at the same time, it calls for the respect of others.
The titles are of various kinds (academic and professional, chivalric, etc.); their juridical importance increases insofar as they have a public origin, that is, emanate from public bodies. The right to a title is not an innate right, since it presupposes an act of concession. Moreover, in order to preserve the honorific distinction in which the title consists, one must remain worthy: consequently, since the title can be lost for the causes provided by law, one cannot even speak of an essential right, of a right of the personality. While a person's surname, indicative of family membership, can extend to other persons entering to become part of the same family, the title - except the noble one - is granted intuitu personae, and cannot propagate, consequently, to the members of the family.
As regards noble titles, the Italian Constitution, in its Transitory and Final Provisions (XIV), has denied them recognition, adding that "the predicates of those existing before 28 Oct. 1922 count as part of the name." The current regulation of noble titles constitutes the last phase of a historical evolution, by which these, from being an expression of a feudal lordship, were already reduced to a simple honorific distinction. They expressed and perpetuated the luster of the house, whose ancient glories they recalled; they had, therefore, a family nature. Indeed, they did not become extinct with the death of the person to whom they were granted, but extended, according to certain juridical rules, to other members of his family. The preservation of such honorific distinctions, capable of reinforcing the privileges of birth, has not seemed compatible with the requirements of a true democracy. So that, to the preservation of noble titles, proclaimed by the Albertine Statute (art. 79), there has not corresponded, in the new Constitution, an analogous norm: on the contrary, it, while not going so far as to prohibit them, has expressly refused them its own recognition. After having lost juridical value, noble titles will be able to preserve only a certain social value, by virtue of enduring custom.
The "predicates" were those attributes that were added to noble titles, to specify or complete them. Currently, by virtue of the aforementioned provision, they count as part of the name, provided that they are predicates of noble titles existing before 28 Oct. 1922. To the predicates that have become part of the name, the juridical rules relating to the latter will apply.
As regards noble titles conferred by the Supreme Pontiff, authoritative scholars hold that even today the possibility of their recognition by decree of the President of the Republic still exists, in accordance with what is provided by art. 42 of the Concordat between the Holy See and Italy.
The use of civil titles in the intitulations and coats of arms of bishops was abrogated by a consistorial decree of 12 May 1951 (ASS, 48 [1951], p. 480).
Bibliography2 works
Adriano De Cupis