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  1. 1 Sociālo Zinātņu Vēstnesis

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  1. 1 Irina G.

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  1. 1 2019

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THE COMPARATIVE STUDY OF THE FIDUCIE-S AND TERMS RELATED TO THEM: PROBLEMS AND SOLUTIONS

100%
Irina G.
Sociālo Zinātņu Vēstnesis
|
2019
|
issue 2
86-97
EN
Today’s globalising processes set the new goals before the linguists and translators working in the field of the legal linguistics. The diversified legal systems of different countries and the emergence of the paradigm of transplantation (direct graphical conversion) change linguistic-juridical landscapes throughout the world. The majority of the linguists and lawyers of the European countries make significant attempts to keep pace to the latest challenges and to adjust local juridical systems as well as legal terminologies to the contemporary changes. The paper is oriented to the study of the contemporary Anglo-American concept of trust. It also discusses the Canadian and French concept of trust-like devices / fiducie-s and terminological units related to them via the linguistic as well as legal comparisons, which are essential for the development of the modern translation studies. The methodology of the carried-out research is based on Professor L. Pospisil’s model and on the onomasiological approach proposed by Vienna School of Terminology. The legal concepts related to the common law’s “trust” as well as Canada’s and France’s fiducie-s are presented in logical, systemic and succinct ways that allow readers to see the similarities and differences among various concepts and regulations. Moreover, the paper considers legal as well as linguistic comparisons on the micro (local) and macro (cross-national) levels. The research reveals that some terminological units, which sit comfortably within a local linguistic soil, may become obscure, unclear and even incomprehensible during a cross-national circulation. Therefore, the consideration of an international scale should become crucial during the process of translation or naming / labelling a concept. The paper proposes the renaming of some concepts for the creation of the most suitable equivalents of the terms related to the Anglo-American trust and its “counterparts” - the Canadian and French trust-like devices / fiducie-s.
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