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Is the Name Property? Comparing the English and the French Evolution

LSU Law Center Journal of Civil Law Studies, Vol. 1, 2008

39 Pages Posted: 27 Apr 2010  

Audrey Guinchard

University of Essex - School of Law

Date Written: 2008

Abstract

With the use of multiple sources, the author questions the distinction between persons and things and its relative concepts of property and personality, through one example, that of the name. The author analyses the affirmation in French and English laws that the name is not property, but, for French law at least, a personality right. The use of multiple historical sources (notably the English case of Du Boulay v. Du Boulay, and the French cases in the 19th century) as well as of contemporary works enable the author to trace the origin of the affirmation and what it entailed and still entails. Ultimately, comparing the evolution of English law and French law, the author concludes that "[t]he debate about the nature of the name is not on whether the name is property or not, but on what the relationship should be between a person and his name," with at its heart the concepts of property and personality.

Keywords: Property, Personality Right, Identity, Privacy, History, Naming

Suggested Citation

Guinchard, Audrey, Is the Name Property? Comparing the English and the French Evolution (2008). LSU Law Center Journal of Civil Law Studies, Vol. 1, 2008. Available at SSRN: https://ssrn.com/abstract=1595024

Audrey Guinchard (Contact Author)

University of Essex - School of Law ( email )

Colchester, Essex CO43SQ
United Kingdom

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