Prolegomena to the Study of Heraldic Insignia: from the Medieval Coat of Arms (XIV-XVI Century) to the Heraldic Insignia of Institutions and Societies in Contemporary Law. Evolution, Legal Regime, Effects, Legal Protection, Prohibitions

• Author: D. Claudiu Ramon Butculescu
• Profession: Faculty of History and Philosophy, Babe? Bolyai University Romanian Academy
• Pages: 11-18

Prolegomena to the Study of Heraldic Insignia: from the Medieval

Coat of Arms (XIV-XVI Century) to the Heraldic Insignia of Institu-

tions and Societies in Contemporary Law. Evolution, Legal Regime,

Effects, Legal Protection, Prohibitions

PhD. student Claudiu Ramon D. BUTCULESCU

1

Abstract

This paper addresses certain issues regarding the legal status of heraldic sym-

bols used by institutions and companies, in the framework of contemporary law, viewed

from a historical perspective. The analysis starts with the legal regime of the medieval

crests and co at of arms, and continues with the analysis of the rights that legal entities

can exercise over the heraldic insignia, especially contemporary institutions and compa-

nies. The rights stemming from the use of heraldic insignia by institutions and companies

are analyzed also from a legal perspective, both in terms of the ownership of such sym-

bols, and from the perspective of the rights of use, which companies or institutions may

have concerning with respect to these heraldic signs. To the same pu rport, the analysis

concerning the continuity of legal rights over heraldic insignia is briefly studied, starting

from the historical sources of the heraldic elements to the current civil law and regula-

tions. Also, the article presents proposals for a law on the protection of heraldic elements

related to the protection of historical crests and symbols, as well as a comparative an al-

ysis of European and international legislation on this matter. At the en d of the paper,

short conclusions are presented, in which the author seeks to clarify the legal status of

heraldic insignia that can be used by legal persons, as well as certain prohibitions and

legal safeguards.

Keywords: coat of arms, heraldry, intellectual property, emblem

JEL Classification: K10, K40

1. Introductory aspects

Heraldic science is an auxiliary science of history, studying the use of

symbols identifying individuals, institutions, corporations, etc.

2

In specialized lit-

erature it was stated that heraldry is the science concerning the coat of arms, and

studies the coat of arms of counties, cities, noble families etc.

3

The beginnings

of the right to wear a coat of arms lie in the medieval period. For example, in the

1

Claudiu Ramon D. Butculescu - Faculty of Histo ry and Philosophy, Babeș Bolyai Universit y;

associate rese archer, Legal Research Institute "Acad. Andrei Rădulescu”, Romanian Academy,

butculescu@yahoo.com .

2

https://www.britannica.com/topic/heraldry

3

Aurelian Sacerdoțeanu, Îndrumări în cercetări istorice, „Graiul literar” Typography, Bucharest,

1943, p. 21