LESIJ NO. XX, VOL. 2/2013
ROMANIAN “FIDUCIA” AND GEORGIAN “TRUST” (MAJOR
TERMINOLOGICAL SIMILARITIES AND DIFFERENCES)
Globalization - a complex system of innovation, international ization and rapidly growing
interdependence – plays the greatest role in the formation of today’s world. It enters different spheres of
human life and stipulates the uniformity of economy, law, business and even, political life. In the framework
of global processes, a lot of changes can be seen in the legal systems of European countries. The given paper
discusses the formation of the Romanian “fiducia” and the Georgian “
mindoba – means “trust”) under the influence of Anglo-American “trust”. The term “trust” generally
nominates an institution of Anglo-American law, which is irrepla ceable in the cases when the rea l owner of
the property must be substituted by the nominal one (trustee) for carrying out civil relationships. This concept
originated in the English Common law, but has been constan tly rejected by the Eur opean continental legal
systems (Civil law). The main obsta cle laid in the fact, tha t Anglo-American legal system was based on the
duality of ownership, which was almost unacceptable for the continental law-governed countries. However,
in the r ecent years, the gr owing importance of the American capita l markets popular ized the utilization of
“trust” and stipulated its insertion in some “rigid” European jurisdictions. Moreover, some world countries
have already indirectly allowed mechanisms similar to the “trust”. Among them are Romania and Georgia.
The given research is dedicated to the precise description of the Romanian and Georgian “trust instruments”.
It singles out major ter minological units and under lines the fact that newly-established mechanisms have to
undergo several stages for turning into faithful reflections of the original model of “trust”.
Keywords: globalization, fiducia, Geor gian, Romanian, tr ust.
The concept “globalization” has rapidly crept into the consciousness of contemporary
society and has acquired different interpretations. According to Merriam-Webster dictionary:
globalization means the development of an increasingly int egrated global economy mark ed
especially by free trade, free flow of capital, and the tapping of cheaper foreign labor markets
is an inevitable phenomenon in human history that's been bringing the world closer through the
exchange of goods and products, information, knowledge and culture2. Globalization refers both
to the compression of the world and the intensification of consciousness of the world as a whole3.
The existence of competing definitions of global processes indicates to the complexity of the given
phenomenon. Some scholars speak ab out globalization of econo my and culture, while others
indicate to the law or politics. However, according to th e existed data, globalization can be
regarded as a complex system of innovation, internationalization and rapidly growing
interdependence, which plays the greatest role in the formation of today’s world. It comprises
almost all spheres of life and aims at the creation of the “boundless” globe.
Associate Professor, Ivane Javakhishvili Tbilisi State University (e-mail: firstname.lastname@example.org).
1 Merriam-Webster dictionary. Accessed January 2, 2013, http://www.merriam-webster.com/dictionary/
2 Globalization. Accessed January 3, 2013, http://web.worldbank.org/WBSITE/EXTERNAL/EXTABOUTUS/
3 Malcolm Waters, Globalization, accessed January 12, 2013, books.google.ge/books?isbn=0415238544.