Idem sonans

Idem sonans

"Idem sonans" is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. The presumption lies in the similarity between the Phonology, or sounds of the correct name and the name as written. Such similar-sounding words are called a homonym, while similar-sounding phrases or names would be a holorime.

In Latin it roughly means "Sounding the same" or "Same Item." [ [http://www.law-dictionary.org/IDEM+SONANS.asp?q=IDEM+SONANS Find Law Definition] ] Some examples are Seagrave/Segrave, Hutson/Hudson, Coonrad/Conrad, Keen/Keene, and Diadema/Deadema. [ [http://www.law-dictionary.org/IDEM+SONANS.asp?q=IDEM+SONANS Find Law Definition] ]

Remnants of this common law doctrine exist today in the United States in the Uniform Commercial Code. Name changes can mislead searchers of official records of titles or liens. Article 9 of the UCC states that a financing statement shall not perfect a valid security interest if a name change would be "seriously misleading." [ [http://www.law.cornell.edu/ucc/9/9-402.html UCC 9-402] ] . A creditor may gain priority over other creditors in the event of a bankruptcy by filing a financing statement. The financing statement contains information relevant to the secured transaction and puts other creditors on notice that the filer has a secured interest in the property. Should the filer use a debtor name that is substantially different from the debtor's actual name, the purpose of filing the financing statement is defeated. On the other hand, if there is a minor difference in spelling or an "idem sonans", the error is not fatal, but only if it is not seriously misleading. The actual search results may reveal a debtor with a similar name and address which would put the researcher on notice to investigate further, which is the purpose of the filing in the first place. The legal effect of an "idem sonans" is that the minor name difference shall have no bearing on the priority of debtors.

There is some movement away from this doctrine under modern New York Common law, especially in Conveyancing. [ [http://www.collectlaw.com/html/laws.htm Collect Law website] , citing "Big Fur v. Gross", N.Y.L.J., August 12, 1998, p. 23, col. 3; and "Grygorewicz vs. Domestic and Foreign Discount Corp.", 179 Misc. 1017 (Sup. Ct. Kings Co. 1943).] That means that a creditor filing a judgment lien or a title abstract company searching title to real property by a deed filed in an office of a county clerk must search by exact name, and can not rely on "idem sonans". ["Id."]

United Kingdom

Under UK jurisdiction, there has been an incredibly small amount of judicial activity here. The old judgement of "R v Davis" [(1851) 15 JP 450] provides::"If two names spelt differently necessarily sound alike, the court may, as matter of law, pronounce them to be idem sonantia; but if they do not necessarily sound alike, the question whether they are idem sonantia is a question of fact for the jury".The modern case of "Re Vidiofusion Ltd" [ [1975] 1 All ER 76] establishes a four stage test when a name of a company is spelled differently in writing:
* No Company of a similar name
* "Idem Sonantia" - similar pronuniciation
* No marked vision difference (judge gave example of Jackson/Jaxon being too dissimilar visually)
* Misspelling does not substantially change the placement of the name if placed in a alphabetical list.

ee also

*Identification
*Notary public
*Acknowledgement
*Affirmation
*Genealogy
*Real property
*Title search

External links

* [http://www.geocities.com/tthor.geo/names.html The Game of Your Name]

References


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Look at other dictionaries:

  • idem sonans — idem so·nans / sō ˌnanz, ˌnänz/ adj [Latin, sounding the same]: relating to or being two names having the same or similar pronunciation or sound the two names are not idem sonans Johnson v. Estelle, 704 F.2d 232 (1983) the idem sonans test… …   Law dictionary

  • idem sonans — /aydam sownabnz/ Sounding the same or alike; having the same sound. A term applied to names which are substantially the same, though slightly varied in the spelling, as Lawrence and Lawrance, and the like. State v. Culbertson, 6 N.C.App. 327, 170 …   Black's law dictionary

  • idem sonans — /aydam sownabnz/ Sounding the same or alike; having the same sound. A term applied to names which are substantially the same, though slightly varied in the spelling, as Lawrence and Lawrance, and the like. State v. Culbertson, 6 N.C.App. 327, 170 …   Black's law dictionary

  • idem sonans — The same sound. The doctrine, applicable in all legal proceedings, that the use of a name being merely to designate the person intended, such object is fully accomplished where the name given to him has the same sound as his true name. State v… …   Ballentine's law dictionary

  • idem sonans — adjective (of a name) wrongly spelled, but sufficiently correct to identify someone …   Wiktionary

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  • sonans — See idem sonans …   Ballentine's law dictionary

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