Abstract
The name is not a property because its sale, exchange, loan etc. are not permitted. If it is not a good like any other and due to the legal obligation of having a name, there is something in the name that already reveals in the legal field how the notion of right cannot be dissociated from the notion of duty. It is based on this assumption that the present article discusses the question: Name: a right or a duty? Therefore it discusses how the nomination process takes place in Brazil. Based on Lacan’s considerations about the Oedipal cross and the proper name, it argues how the name is a brand that demands a response. A child is given a name at birth based on the bet that there is a subject there. His/her name is woven by little strings of the symbolic, which grants the child with a place in the generational chain of his/her family and in the chain of signifiers. As a speaking being, once the child answers when called out, he/she will stress how he/she behaved in this place. As the child constitutes him/herself as a desiring subject, he/she is able to show his/her desire for Another thing.
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