DIVISION II. RULES AND RECOMMENDATIONS
CHAPTER V. REJECTION OF NAMES
52.1. A name, unless conserved (Art.
14) or sanctioned (Art. 15), is illegitimate and is to be rejected if it was nomenclaturally superfluous when published, i.e. if the taxon to which it was applied, as circumscribed by its author, definitely included the type (as qualified in
Art. 52.2) of a name which ought to have been adopted, or of which the epithet ought to have been adopted, under the rules (but see
52.2. For the purpose of Art. 52.1, definite inclusion of the type of a name is effected by citation
(a) of the holotype under Art. 9.1 or the original type under
Art. 10 or all syntypes under Art. 9.4 or all elements eligible as types under
Art. 10.2; or
(b) of the previously designated type under Art. 9.9-11 or
10.2; or (c) of the previously conserved type under
Art. 14.9; or
(d) of the illustrations of these. It is also effected (e) by citation of the name itself or any name homotypic at that time, unless the type is at the same time excluded either explicitly or by implication.
The generic name Cainito
Adans. (1763) is illegitimate because it was a superfluous name for
L. (1753), which Adanson cited as a synonym.
Ex. 2. Chrysophyllum sericeum
Salisb. (1796) is illegitimate, being a superfluous name for
L. (1753), which Salisbury cited as a synonym.
On the other hand, Salix myrsinifolia
Salisb. (1796) is legitimate, being explicitly based upon
of Hoffmann (Hist. Salic. Ill.: 71. 1787), a misapplication of the name
L. (1753), which Salisbury excluded by implication as he did not cite Linnaeus as he did under each of the other 14 species of Salix
in his 1796 publication.
Ex. 4. Picea excelsa
Link (1841) is illegitimate because it is based on
Lam. (1778), a superfluous name for Pinus abies
L. (1753). Under
the correct name is Picea abies
(L.) H. Karst. (1881).
On the other hand, Cucubalus
Mill. and C. angustifolius
Mill. are not illegitimate names, although Miller's species are now united with the species previously named
L. (1753): C. latifolius
as circumscribed by Miller (1768) did not include the type of
L., which name he adopted for another species.
Explicit exclusion of type: When publishing the name
Dandy (in Watsonia 4: 47. 1957) cited
Stokes (1787) pro parte as a synonym, but explicitly excluded the type of the latter name.
Exclusion of type by implication: Tmesipteris elongata
P. A. Dang. (in Botaniste 2: 213. 1891) was published as a new species but
R. Br. was cited as a synonym. However, on the following page,
(R. Br.) Desv. is recognized as a different species and two pages later both are distinguished in a key, thus showing that the meaning of the cited synonym was either
R. Br. pro parte" or "P. truncatum
auct. non R. Br."
Exclusion of type by implication: Solanum torvum
Sw. (Prodr.: 47. 1788) was published with a new diagnosis but
L. (1753) was cited as a synonym. In accordance with the practice in his
Swartz indicated where the species was to be inserted in the latest edition [ed. 14, by Murray] of Linnaeus's
. Solanum torvum
was to be inserted between species 26
and 27 (S. ferox),
the number of Solanum indicum
is thus a legitimate name.
Under Persicaria maculosa
Gray (1821), the name Polygonum persicaria
L. (1753) was cited as the
replaced synonym, and hence the type of Polygonum persicaria
was definitely included. However, Persicaria mitis
Delarbre (1806), as the earlier legitimate replacement name for Polygonum persicaria
, is necessarily homotypic; hence,
when published was an illegitimate superfluous name for Persicaria mitis
and its continued
use has been made possible only by conservation.
Under Bauhinia semla
Wunderlin (1976), the name B. retusa
(1832), non Poir. (1811), was cited as the replaced synonym while B. emarginata
Roxb. ex G. Don (1832), non Mill.
(1768) nec Jack (1822), was also cited in synonymy, and hence the types of the two synonyms were definitely included.
However, B. roxburghiana
Voigt (1845), which was published as a replacement name for B. emarginata
is necessarily homotypic with it and should have been adopted by Wunderlin. Therefore, B. semla
is an illegitimate
superfluous name typified by the type of its replaced synonym, B. retusa
Art. 7 Ex. 4
Ex. 11. Erythroxylum suave
O. E. Schulz (1907) is illegitimate because Schulz cited “Erythroxylum brevipes
DC. var. spinescens
(A. Rich.) Griseb.”
(1866) in synonymy. This citation constitutes inclusion of the type of E. spinescens
A. Rich. (1841).
The inclusion, with an expression of doubt, of an element in a new taxon, e.g. the citation of a name with a question mark, does not make the name of the new taxon nomenclaturally superfluous.
The protologue of Blandfordia grandiflora
R. Br. (1810) includes, in synonymy, "Aletris punicea
Labill. nov. holl. 1. p. 85. t. 111 ?"
, indicating that the new species might be the same as
. Labill. (1805). Blandfordia grandiflora
is nevertheless a legitimate name.
The inclusion, in a new taxon, of an element that was subsequently designated as the type of a name which, so typified, ought to have been adopted, or of which the epithet ought to have been adopted, does not in itself make the name of the new taxon illegitimate.
Ex. 13. Leccinum
Gray (1821) does not include all potential types (in fact, none) of
L. (1753) and thus is not illegitimate, even though it included, as
(Bull. : Fr.) Gray, the subsequently conserved type of Boletus, B. edulis
Bull. : Fr.
52.3. A name that was nomenclaturally superfluous when published is not illegitimate on account of its superfluity if it is based on a name-bringing or epithet-bringing synonym (basionym), or if it is based on the stem of a legitimate generic name. When published it is incorrect, but it may become correct later.
Ex. 14. Chloris radiata
(L.) Sw. (1788) was nomenclaturally superfluous when published, since Swartz cited
L. (1753) as a synonym. However, it is not illegitimate since it was based on the legitimate Agrostis radiata
L. (1759). Chloris radiata
is the correct name in the genus
for Agrostis radiata
when Andropogon fasciculatus
is treated as a different species, as was done by Hackel (in Candolle & Candolle, Monogr. Phan. 6: 177. 1889).
The generic name Hordelymus
(Jess.) Harz (1885) was nomenclaturally superfluous when published because its type,
L., is also the type of Cuviera
Koeler (1802). However, it is not illegitimate since it was based on the legitimate Hordeum [unranked] Hordelymus Jess. (Deutschl. Gräser: 202. 1863). Cuviera
Koeler has since been rejected in favour of its later homonym
DC., and Hordelymus
can now be used as the correct name for a segregate genus containing
Vest (Anleit. Stud. Bot.: 265, 280. 1818) was nomenclaturally superfluous
when published because of the inclusion of Salix
L., the type of Salicaceae
Mirb. (1815). However, it is not
illegitimate because it is based on the stem of a legitimate generic name, Carpinus
In no case does a statement of parentage accompanying the publication of a name for a hybrid make the name illegitimate (see
The name Polypodium
Rothm. (1962) was proposed for hybrids between P. australe
Fée and P. vulgare
(Asch.) Rothm., while at the same time the author accepted P.
Rothm. (1936) for hybrids between P. australe
L. subsp. vulgare
. Under Art.
is a synonym of
nevertheless, it is not an illegitimate name.
2006, by International Association for Plant Taxonomy. This page last updated