'TREUHAND' AND 'FIDUCIE' (TERMINOLOGICAL PROBLEMATICS)

Language and jurisprudence are deeply interconnected. The legal terminology of any language as well as the legal system itself is a result of “a historical evolution which did not happen on its own, as if in a vacuum, but in constant interchange with other legal languages and legal systems”1. Contemporary jurisprudence faces a lot of new opportunities and changes. Increasing globalization breaks down all the barriers via the “dédaublement du monde”. It involves the reconstruction of all spheres of life. Within the framework of globalizing changes Europe is facing the tendency “to draw up a uniform law on the basis of work by experts in comparative law and to incorporate it in a multipartite treaty”2.The creation of uniform legal system presupposes the change of terminological landscape. Therefore, the comparative study of juridical terms and suppositions regarding new translational tendencies acquire the greatest urgency. The give paper deals with the study of the Swiss “trust-like mechanisms”. The major emphasis is put on the actual problems emerged during the translation of terminological units related to such juridical institutions as the “Fiducie” and “Treuhand”.