IN-DEPTH ANALYSIS OF THE HISTORICAL TERMS RELATED TO THE COMMON LAW “TRUST”
“It is at least possible that the trust will in the 21st century join those other English inventions, such as football and the steam engine, which have swept the world”1.The given optimistic definition of common law “trust” enables us to regard it as a unique legal instrument. However, its origin is...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2016-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=02_privat_law%2F&download=CKS+2016_private_law_art.026.pdf |
| _version_ | 1811227089353834496 |
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| author | Irina GVELESIANI |
| author_facet | Irina GVELESIANI |
| author_sort | Irina GVELESIANI |
| collection | DOAJ |
| description | “It is at least possible that the trust will in the 21st century join those other English inventions, such as football and the steam engine, which have swept the world”1.The given optimistic definition of common law “trust” enables us to regard it as a unique legal instrument. However, its origin is the source of numerous debates of the scholars of the world. Scientific literature presents three theories concerning the origin of the “trust”: Roman, Germanic and Islamic. Until the nineteenth century, it had been believed, that the trust had been modeled on the Roman legal institution “fideicommissum”. However, by the nineteenth century, the given theory was replaced by the new assumption, which proposed, that the Salic “Salmannus” had been a predecessor of the “trust”. The debates about the origin of this institution were fueled by the fact, that the English “use” (an initial form of the trust), the Roman “fideicommissum” and the Salic “Salmannus” had the same cause of emergence: they emerged as a “result of positive-law deficiencies and restrictions concerning the ownership and devolution of property”2 during those times, when the land was the principle form of wealth. The given paper presents an attempt to highlight the existed theories about the origin of the “trust” and make new conclusions on the basis of in-depth terminological analysis. Synchronic and diachronic approaches initiate insights into the juridical and lingual developments. |
| first_indexed | 2024-04-12T09:35:44Z |
| format | Article |
| id | doaj.art-7ca2516df7cf48aa98b1cfc1aed33c29 |
| institution | Directory Open Access Journal |
| issn | 2068-7796 2068-7796 |
| language | English |
| last_indexed | 2024-04-12T09:35:44Z |
| publishDate | 2016-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-7ca2516df7cf48aa98b1cfc1aed33c292022-12-22T03:38:14ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962016-05-016-164169IN-DEPTH ANALYSIS OF THE HISTORICAL TERMS RELATED TO THE COMMON LAW “TRUST”Irina GVELESIANI0PhD Civil Law, Ivane Javakhishvili Tbilisi State University“It is at least possible that the trust will in the 21st century join those other English inventions, such as football and the steam engine, which have swept the world”1.The given optimistic definition of common law “trust” enables us to regard it as a unique legal instrument. However, its origin is the source of numerous debates of the scholars of the world. Scientific literature presents three theories concerning the origin of the “trust”: Roman, Germanic and Islamic. Until the nineteenth century, it had been believed, that the trust had been modeled on the Roman legal institution “fideicommissum”. However, by the nineteenth century, the given theory was replaced by the new assumption, which proposed, that the Salic “Salmannus” had been a predecessor of the “trust”. The debates about the origin of this institution were fueled by the fact, that the English “use” (an initial form of the trust), the Roman “fideicommissum” and the Salic “Salmannus” had the same cause of emergence: they emerged as a “result of positive-law deficiencies and restrictions concerning the ownership and devolution of property”2 during those times, when the land was the principle form of wealth. The given paper presents an attempt to highlight the existed theories about the origin of the “trust” and make new conclusions on the basis of in-depth terminological analysis. Synchronic and diachronic approaches initiate insights into the juridical and lingual developments.http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=02_privat_law%2F&download=CKS+2016_private_law_art.026.pdfFideicommissumlawSalmannusterminological analysistrust. |
| spellingShingle | Irina GVELESIANI IN-DEPTH ANALYSIS OF THE HISTORICAL TERMS RELATED TO THE COMMON LAW “TRUST” Challenges of the Knowledge Society Fideicommissum law Salmannus terminological analysis trust. |
| title | IN-DEPTH ANALYSIS OF THE HISTORICAL TERMS RELATED TO THE COMMON LAW “TRUST” |
| title_full | IN-DEPTH ANALYSIS OF THE HISTORICAL TERMS RELATED TO THE COMMON LAW “TRUST” |
| title_fullStr | IN-DEPTH ANALYSIS OF THE HISTORICAL TERMS RELATED TO THE COMMON LAW “TRUST” |
| title_full_unstemmed | IN-DEPTH ANALYSIS OF THE HISTORICAL TERMS RELATED TO THE COMMON LAW “TRUST” |
| title_short | IN-DEPTH ANALYSIS OF THE HISTORICAL TERMS RELATED TO THE COMMON LAW “TRUST” |
| title_sort | in depth analysis of the historical terms related to the common law trust |
| topic | Fideicommissum law Salmannus terminological analysis trust. |
| url | http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=02_privat_law%2F&download=CKS+2016_private_law_art.026.pdf |
| work_keys_str_mv | AT irinagvelesiani indepthanalysisofthehistoricaltermsrelatedtothecommonlawtrust |