A family name is a word allotted to a family to distinguish it from the other families composing a social group. One uses also the word patronym which comes from Latin Lord's Prayer , but this term is ambiguous because it can just as easily indicate family name and the patronymic Nom. Him only, family name does not make it possible to distinguish an individual from another inside the same family, from where addition of a Prénom.

Family names appeared in France at the 12th century, when a rise of demography did not make it possible any more to differentiate the individuals by their first name (at the time, the first names were called besides names). With the Middle Ages, one was accustomed to distinguishing the various people carrying same the Prénom by associating with it the name from the father (the Martin of Jean or Luc), his source or place of residence (of the Chêne or the Angevin), a singularity related on the physique or the character (the large one, the good, Jolly or Martineau it small Martin), his trade (the commercial or to stop). Also, at the time to fix for each one a family name, one naturally chose these names. At the 16th century, the Ordonnance of Villers-Cotterêts generalized the recording of the baptisms, therefore family name (but without fixing of the orthography), for the catholics.

The inscription on the registers of Civil statue will be gradually extended to all the citizens without reference to confession after the French revolution. It is only between 1875 and 1877, at the time of the emission of the first family record books, that family names were fixed in their final form with a precise orthography. The great number of the spelling variants for certain names (until forty) is one of the factors which explains the large variety of the French patronyms and the frequency of the “rare” names (less than 50 alive carriers at the time of the census) which could be estimated at 50% of the whole of family names. According to a source, approximately 300.000 people in France would be the single ones and last carriers of their patronym, whereas a number are equivalent of French share the most frequent family name: Martin.

Legal aspects

Historically, the name was born from the use. It is initially a social institution before being legal. The name was apprehended only tardily and until 2002, there was not in the French right a whole of rules framing the name. The right was very usual. A first modification was made by the law of March 4th, 2002. But this law was relatively badly written because realized quickly little before the presidential elections. It was to come into effect in 2003 but it was modified by the law of June 18th, 2003 which deferred the coming into effect to January 1st, 2005. Finally, an ordinance of July 4th, 2005 intervened on the right concerning the name and its devolution. It is coming into effect on July 1st, 2006 with new provisions.

Transmission of family name

In France, the port of the family name of the husband by his wife is only one use. The reverse is possible besides. One can also join the name of her husband or his wife to his proper name (example: Frederic Joliot-Curie).

Since the law n° 2003-516 of June 18th, 2003 relating to the devolution of family name, the transmission of family name does not make any more any distinction between the name of the mother and that of the father. The child can receive the name of the one as well as the name of the other, even the two names coupled.

Use of family name like mark

Since a law of December 31st, 1964, the patronymic name is not only any more one attribute of the personality: it is also a patrimonial element, which its holder can commercially exploit like a mark. It can even yield it to a third which will use the prestige of this name to promote its activities. The owner should not however not use it in a manner which carries damage to the honor of the person who bears this name.

Family names in the world

Sohier:

See too

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