Legal Definitions - identitate nominis

identitate nominis is a Latin legal phrase meaning "identity of name." It refers to the legal principle or process used to establish or confirm a person's true identity, particularly when there is confusion or a dispute arising from a name being identical or very similar to another person's, especially in official or legal proceedings. It addresses situations where someone might be mistakenly implicated or held responsible due to a shared or confusingly similar name.

• Example 1: Mistaken Arrest

  Imagine a situation where a man named David Miller is arrested because a warrant was issued for a different David Miller who committed a crime in the same city. The arrested David Miller has an alibi and no connection to the crime. To resolve this, he would need to invoke the principle of identitate nominis to prove to the authorities that he is not the individual named in the warrant, despite having the same name.

• Example 2: Inheritance Confusion

  Consider a will that leaves a substantial sum to "Sarah Johnson, my niece." If the deceased had two nieces, both named Sarah Johnson, and both are of similar age and live in the same region, a court would need to apply the concept of identitate nominis. The court would gather additional evidence (like middle names, birth dates, or specific relationships) to determine which Sarah Johnson was the intended beneficiary, thereby establishing the correct "identity of name" for the inheritance.

• Example 3: Professional Licensing Error

  A licensed architect, Maria Garcia, discovers that her professional license has been erroneously flagged for a disciplinary action taken against a different architect, also named Maria Garcia, who practices in another state. To clear her record and continue her practice, the first Maria Garcia must formally demonstrate her distinct professional identity, using the principle of identitate nominis, to show she is not the individual who faced disciplinary action.