CADRUL TERMINOLOGIC AL MECANISMELOR EUROPENE CONTEMPORANE DE TRANSFER DE PROPRIETATE
TERMINOLOGICAL LANDSCAPE OF THE CONTEMPORARY EUROPEAN TRUST-LIKE MECHANISMS
Author(s): Irina GvelesianiSubject(s): Law, Constitution, Jurisprudence
Published by: Facultatea de Drept Cluj Napoca, Universitatea Creştina "Dimitrie Cantemir" Bucureşti
Keywords: European law; hereditary law; jurisdictions; trust; trust-like mechanism.
Summary/Abstract: Contemporary legal norms regulating the transference of property often consider children as the major beneficiaries. The transference can be done under Hereditary Law, Trust Law or a mere donation. The Trust Law occupies an outstanding position in the contemporary juridical domain, because it deals with the lifelong (inter vivos) and after-death (testamentary) activities. Testators intentionally turn into trustors via transferring their property to trustees for the benefit of minor beneficiaries. The latter acquire protection, assets and a caretaker. An outstanding usefulness of a trust mechanism stipulates its popularity via the emergence of an increasing number of the European trust-like devices. However, popularization and a worldwide spread facilitate the occurrence of some problems related to the construction of the innovative trust-like mechanisms and their terminological naming. The given paper deals with the entrusting relationships of the modern European law. A special emphasis is put on the problems related to the lexical naming of the newly-emerged concepts. Certain suggestions are made regarding the “perfect” “flawless” formation of the terminological landscape.
Journal: Fiat Iustitia
- Issue Year: 1/2017
- Issue No: 1
- Page Range: 129-133
- Page Count: 4
- Language: English