Taxacom: Nomen novum, homonymy, valid species name and junior synonym

[Francisco Welter-Schultes]

Dear André,
The Principle of Homonymy applies also to cases where a senior name is 
currently not used.

I have no special knowledge on this group, but I extract that 
Tibelloides paraguensis (Simon, 1897) and Tibelloides paraguensis 
(Gertsch, 1933) are really different species, and that the name 
paraguensis is the same just because of a pure coincidence. They were 
not based on the same source and were not described in different genera 
because Gertsch did not know that the species had already been described 
by Simon in a different genus, and they did not realize very much later 
that their material belonged to different species.

If so, then here Art. 53.3 applies (the two names are secondary 
homonyms), Art. 57.1.3 (the junior name is invalid), Art. 59.1 (the 
junior homonym must be treated as invalid by anyone who considers both 
taxa congeneric), and Art. 60.3 (the junior name must be replaced).

If the senior (1897) name was not used for a taxon in any publication 
after 1899, we have Art. 23.9.1 that would allow under special 
circumstances to use the junior homonym despite of being a junior 
homonym of another name.

If the 1897 name was used in a publication after 1899 for a taxon, then 
proposing a new replacement name, if no other junior synonym exists that 
can be used, would be the regular procedure.
Art. 23.9.3 allows to refer the matter to the Commission if the 
conditions of Art. 23.9.1 are not met. This would be recommended if the 
junior homonym is a really important name, which in my personal far-away 
judgment does not seem to be the case here.

If this helps.

Best wishes
Francisco

Am 04.05.2022 um 04:35 schrieb André Prado via Taxacom:
> Hello everyone,
> 
> I am having some issues on homonomy of spider species, and would be thankfull if you could help.
> 
> Regarding the situation below  is it recommended to propose a nomen novum?
> 
>   The nomen novum to be proposed is Tibelloides remoiseri, to substitute Tibelloides paraguensis (Gertsch, 1933) (described in Apollophanes), which is preoccupied by Tibelloides paraguensis (Simon, 1897) (described in Tibellus). The problem is that the species from Simon is a junior synonym of Tibelloides punctulatus (Taczanowski, 1872). Although the name from Simon is not a current valid species name, it is available  and, as I understand (based on ICZN Articles 23.3.6 and 23.4), it is subjected to the Principle of Priority.
>         Other taxonomists, however, suggest that  a nomen novum for Tibelloides paraguensis (Gertsch, 1933) is unnecessary, or not recommended, as it would be only proper when, hypothetically, Tibellus paraguensis Simon, 1897 was removed from synonymy, and turned into a valid species in Tibelloides.  I could not find articles in the ICZN dealing with this specific case. And in literature, I just found one similar example by Li & Blick (2019), in which they proposed a nomen novum, Clubiona zhangyongjingi, to substitute Clubiona transversa Zhang & Yin, 1998, which was preoccupied by Clubiona transversa Bryant, 1936, which is a junior synonym of Clubiona maritima L. Koch, 1867.
> 
> I am looking for any elucidation on this issue, or suggestions of similar cases judged by the ICZN commission, to have references to base myself on.
> 
> Thank you in advance.
> 
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