Fiducie and Fiducia (Terminological Peculiarities)
Fiducie and Fiducia (Terminological Peculiarities)

Summary/Abstract: The common law trust has become extremely popular since the beginning of the previous century. Many civil law countries have been oriented on the implementation of this legal institution in their jurisdictions. However, the “introduction of the trust (or analogous institutions) requires not only the translation of common-law rules into civil-law concepts but also a precise choice about the functions to be performed by these instruments” (Vicari, 2014: 3). The given paper is dedicated to the juridical and linguistic study of the French and Romanian trust-like devices (fiducie and fiducia). The main accent is put on their latest developments, comparative analysis and juridical-linguistic characteristics. The major results indicate that the contemporary Romanian fiducia has the French origin. However, its roots can also be found in the Roman law – in the Roman entrusting relationships. The paper aims at giving some terminological insights and proposes certain linguistic corrections, which answer to the demands of the modern epoch. The major method of the research is a comparative analysis.

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