Asmenis įvardijantys teisės terminai 1918–1940 m. Lietuvos kodeksuose

LITHUANIAN LANGUAGE INSTITUTE TERMS OF LAW INDICATION OF PERSONS IN LITHUANIAN CODEXES OF 1918-1940 The sources of this article are unofficial translations into Lithuanian of Russian codes in force in Lithuania in 1918-1940 (a list of abbreviations is provided at the end of the article). This study continues the series of articles on legal terms, started in the 8th issue of Terminology. It examines the legal terms by which persons are named. The need to name persons in terms varies in different fields of science or activity. There are areas where the terminology contains very little or no references to individuals (this is especially true of the exact sciences). In the social sciences, it is impossible to do without terminology naming individuals. Law is one of those areas in which human relations, their activities are the center of consideration. It should be noted that the terms used for individuals are not equally thermal. It is said that the terminology of the names of the characters is problematic, and the word linguist is not a linguistic term, because it does not name a special concept of this science. It is proposed to raise the nomenclature of specialty names to a separate subgroup of terminology (Gaivenis 2002: 31). In the 1918-1940 Codes, the word jurist is not found, but there is a lawyer Cl, 569T, CTL, 44, BS, 155 T, BP, 561, and a lawyer Cl, 1539 T, CT, 44, BS 30/8, BPL,, 44. It is difficult to find criteria by which These words would not be legal terms. For the research, not only terms that clearly identify people (natural persons) were collected, but also related terms of analogous expression, suitable for naming both natural and legal persons (e.g. plaintiff, defendant). The legal terms naming individuals were found in the examined codes as many as 800 (i.e., barely one seventh of all the terms used in the codes). About half jy are monosyllables, half — compounds (mostly diphthongs). Compound terms in the article are also described according to the main element (together with the singulars). Looking at the main element (singular terms have only one element), most of the terms naming persons are of Lithuanian origin. 107 (approximately 700, i.e. approximately 88%). These are terminated simple words or terminated or newly made derivatives. There are only over 20 single-word simple (verbally indivisible) terms used to name persons. It is true that if you add to them compound terms, the main focus of which is the same ordinary terms, the total number approaches 100 (about 14% of terms of Lithuanian origin according to the main focus). Of the common terms according to the subject under consideration, the person Cl,, 533/13 is first mentioned. It is part of the composite terms of the same meaning: missing person BPL, 852, missing unknown person CTL, 1775, unknown where missing person CTl, 1451, unknown where is the person Cl,, 254 T, CTI, 1775 T; responsible person Cl, 2105 S, civil person BPL, 1252, physical person Cl, 420 S, BS, 39 R, suspected person BPL, 46 (and suspected person BPL, 257/1), accused person BPĮ,, 46 (and accused person Cl, 574 S), associate person Cl,, 2325 T, freelance person Čl,, 56, injured person BPL, 43, convicted person BPL, 223 (and convicted person BS, 59 T, convicted person BS,, 53 V), outside person Cl, 514 S, CTI, 44, BPL,, 620/3, prosecuted person Cl, 647 S, privatising person Cl, 982, BPL,, 2 (and private person Cl, 31, CTL, 2, BS, 156 P), interested person CL; 9198S, CTL, 1215 S (and the interested party CPL, 241, CT], 1164), third party Cl, 1691 PT, BS,, 72 P, BPL,, 700 (and the third party Cl, 533 T, CTL, 128/1, BPĮ,, 778). Incidentally, the non-normative form of the noun fretysis person, which occasionally occurs in current legislation (e.g., CK 2000: Art. 6.51), was not found in the codes of that time. It should be noted that the State "Ordinary words are understood here as verbs, i.e., they are considered those words that are not verbically divided. Instead of the dot, the word ordinary is used as well as the primary (Urbutis 1978: 62), although in terminology the word ordinary has another meaning. It is often understood as the opposition of special words (terms) in dialects and in common language (regardless of the verb), when it comes to their termination, i.e. translation into terms (see Keinys 1980: 63-64). K. Gaivenis calls it more clearly, he speaks about the translation of ready-made words into terms (Gaivenis 2002: 51-53), although the text also mentions ordinary words (Gaivenis 2002: 53), S. Šalkauskis used the profane word, profane language (Šalkauskis 1991: 24), but simple language also shines (Šalkauskis 1991: 44). The works of lexicology sometimes talk about terminology of common words (Jakaitienė 1980: 73) or terms are divided into new and folk words (Drotvinas 1987; 51). 108 The Terminology Commission operating in the Council, at the very end of the Independence, rather than the now usual terms of natural person and legal person, quite successfully provided a real person and a legal person (TTP 1940: 185). The first term could also be new (not in the codes), and the legal person was already used (CL, 698 T, CTĮ,, 45 T). The proposal did not succeed. According to Kniūkšta, the use of a person to name an institution or organization (following the example of other languages) spoils the meaning of the word, but is tolerated as not infringing on the language system. In his opinion, better terms could have been found, such as legal entity (Kniūkšta 1999: 18-19). The term person is also related to the term Man Cl, 533/13, BS 39. The latter appears to have been used in the codex in the same sense as the first, e.g.: małoletni człowiek BS 421, niepełnoletni człowiek BS, 420, nieświadomy człowiek BS, 282, pasaliniszmogus Cl, 1246 T, CT], 13, pełnoletni Zmogus Cl, 150/1, prywatny zmogus Cl, 1537 (and prywatny Zzmogus Cl, 212, BS, 471 T). The term "friend" "member of the company" is used in a very good sense in Cl, 2129, CPL. 36/3, full member of the CPL. 26. Such a term is not specified in the LCI. A significant group consists of the relative terms required by civil law. Most of them are old Indo-European" hereditary, e.g.: brother CĪ,, 204, CT], 83, BS "455, BPL,, 705, daughter Cl; 125, tribe ‘marital relative’ CL, 23, Cl,, 23, CPL,,, 417, BPL,, 99 (ceoūcmeennuxv), sister Cl, 23 S, CTL, 83, BS, 455, BPI,, 705, son Cl, 125, brother-- in-law ‘marital relative’ Cl, 254, Cl;, 1054 S, CTI, 86, BS, 518 S, BPL, 85, BPL, 85 (csoticmeennuxy), SeSuras Cl, 996 T, father Cl, 125, husband ‘marital’ Cl, 41,CTL, 1086, BS, 29, BPL,, 751, BPL, 1013 T (cynpyev- ), son-in-law Cl, 1051 T, wife ‘marital’ Cl, 41, CĪ,, 23 S, CTĪ,, 1086, BS, 29, BPL, 751, BP], 85 (cynpyea- ); several Baltic, e.g.: marti CĮ,, 996 T, tėvas-in-- law Cl, 1051 T, vaikas Cl,, 12, CT, 371, BS,, 170 R; one old Slavic debt —grandson* Cl,, 203. True, although now we do not feel, wife, child are historically derivatives * The origin was looked at in A. Sabaliauskas' works, especially in his Lithuanian language lexicon (see Sabaliauskas 1990). * Language advisor word grandson, -ė; -ai fixed to son, daughter; children of children, grandchildren, descendants (KP 1939). It is not included in KPP 1985, but is presented in DZ 2003, although its usefulness is sometimes questioned. Currently, the term is used for children. 109 (Skardžius 1996: 296; Keinys 1999: 27-28). There have been several generic terms for the child, e.g.: atskirtas vaikas Cl, 190, įteisintas vaikas Cl,, 144, mažametis vaikas CL; 106 S, unmarried child Cl, 181, minor child Cl, 164, minor child Cl, 131, illegitimate child CPL, 325/1, CTL 1460/2 S, crown child CTI 325/1, BS,, 445 T, stepchild Cl, 163, legal child Cl, 144. The primary meaning of husband is "an adult male person", wife - "an adult female person". Their use in the meaning of spouse has been known since ancient writings, although the use of the husband in this sense was very widespread, and the use of the wife was only episodic (Buivydienė 1997: 18, 19, 61-64). In the codes studied, husband, wife were terminated in terms of spouses, but more used in the first translations of the codes, in later ones more often spouse, wife (as in the current law). It is interesting to note that the codex used the name of the tribe, brother-in-law, for marriage relatives. Gentis more in civil codes and earlier translations of the codes of civil and criminal procedure (CL, *, ClL,, CPL,» BPL,,), brother-in-law —in later translations of the processes (BP,, BP[,,, CTL). The semantic development of the svainis is described in detail by R. Buivydienés (1997: 177-190). Earlier, sister-in-laws meant persons related through sisters’ marriages (sister’s husband, wife’s sister), later — persons related through brothers’ marriages (brother’s wife, husband’s brother), until finally it expanded to mean all relatives of marriage. According to A. Salis, in dialects, the term “gentis” is very rarely used in the meaning of “marriage relative” (Salys 1979: 176) (such a meaning is not distinguished from the meaning of kinship in the LKŽ) and in general, “marriage relative” and “blood relative” are hardly used as separate words in living language. This was not the case in the United States, where it was also known as the "S.O.S." Today, the name is used for this purpose. Although, it is possible that it is often translated without this word, only the derivative of it —svainystė (TŽ 1954; CK 2000: 3.136 Art.) is used to name such kinship. According to some of today’s laws, couples are: kinship — a relative, brotherhood — a person connected by brotherhood ties (Art. 9 of the Law of the Republic of Lithuania 1999: 9). Svainis is obviously avoided for ambiguity, or at least * Cl, both svainis and gentis are used in the text, but the latter is corrected to svainis at the end of the book. Instead of ceoiicmeennuxo, the genus Cl, 1054, is used. 110 the explanation in parentheses —svainis (relative of the spouse) (LRVA] 1999: 21 str.). A. Salys (1979: 176, 187), who had participated in the activities of the Terminology Commission of the Council of State, contributed to the establishment of the word ‘svainis’ (svainystė) in the law, although already in this commission it was possible to observe the unacceptable terminology of the word ‘svainis’. Perhaps this is why the commission left older meanings for brother-in-law, sister-in-law (Schwager, Surin, svojak; Schwdgerin, svojačinica), and offered the term brother-in-law (Verschwdgerter, svoistvennik) for the name of a marriage relative (TTP 1939: 479). It was most likely made by analogy with a relative. It is practically and systematically quite possible, but in Independent Lithuania this term was not yet acquired, and in the Soviet era it was not noticed. It did not enter the UK either. It may be a remake of A. Sali. He, who had initially offered a son-in-law- ’s ambiguity (Salys 1979: 187), could have changed his mind. Of a different type are the rare terms in the codex uncle Cl,, 204, teta Cl, 1137. According to P. Skardžys, they are children’s language words made up of two identical sound combinations – binary or reduplicated derivatives (Skardžius 1996: 22, 23). They are synchronous. Some scholars (e.g., E. Fraenkelio) consider them to be borrowed from the Slavs (Sabaliauskas 1966: 13). Most of the personal terms used in the 1918-1940 Codes are derivatives (or composite terms with a principal derivative- ). Some of these structures are termized, others are new legal structures. Distinguishing the former from the latter is often tricky (especially when it comes to the dative types) because of the lack of word history data. As usual, there is a lot of competition between the two teams. About 450, i.e. about 67% of terms of Lithuanian origin were found in the research material. These personal terms (singular words or main elements of compound terms*) belong to two categories of construction: names of subjects and possessors of verb properties and names of possessors of noun properties. More terms of the first category were found — about 320, of which about half are monosyllables, half compounds (i.e. having such a main element). The most commonly used are two: -tas and -ėjas. * Compound terms with the same basic démeni are counted as separate units. 111 The suffix -tojas, -a is the most frequently used suffix of actors and possessors of verb properties not only in the material under study, but also in the entire language, including terminology (Urbutis 1965: 317; Keinys 1975: 25). In the codes under investigation, 60 derivatives (monosyllabic terms) of this suffix were found, e.g.: aukvotojas CTL, 1460/13 (pacmouumens, cf. eikvotojas CI, 1383,CTL,, 1460/21 T), aukcionotojas „a person who donates property to the state or to someone else” Cl, 986, bargainer „auctionee” CT, 1171 T, donator Cl, 974, CTL, 258 T, transporter BP, 1149 (npoeosumeny), tėvai „parents” Cl, 194, CPL,,, 1345/10, gyventojas CTL, 1460/19 T, BS, 401 S, BP], 216, globėjas Cl, 12, BPL,, 85, ieškantis „claimant” CT], 161/6, BS 160, vertintojas „appraiser” Cl, 675, CPL, 1007, BPL, 113 T, kaltintojas Cl,, 574 S, BS, 419 T, BPL, 63, forger BS, 442 P, instigator BS, 51, garantas Cl, 1555 S, CTL, 161/3, BPĮ,, 80, laikytojas® CL, 1512 S, BS, 617, liudytojas Cl,, 31, CTL, 54, BS, 30, BPL, 161, BP, 50, payer BS,, 578 T, claimant Cl,, 56, CT, 54/1, sorter ‘manager’ BS, 605, rapper Cl, 6, CTL, 1543, BS,, 30/6, BP], 975/1 V, employer Cl, 1744, CTI, 138, BS, 208, lender Cl, 584, BS, 606, inquirer" Cl, 1512 S, BS,, 158 R, clerk CJ, 102, CT], 616, CPL, 1086, BS; 396, BPI,, 1120, holder Cl, 420 (enadbaey), therrtintojas BS,, 636 T, administrator Cl, 420, C1,, 442 T, CTI, 34, CTL, 1116, BS,, 624 S, executor BS,, 51 R, BP], 955. Approximately a third of the -tos derivatives are adjectives, e.g.: stamper CT L 1696, respondent "defendant" Cl, 1530 T, BS 160, proxy Cl, * In the Codes, the holder and owner are identified with the holder, e.g., "[non-named percentage] securities must be returned by the same criminal court decision to the last holder as to their actual holder and lawful owner" Cl,, 1512 S. Now the holder or owner is used instead of the holder. 7 As early as 1892, J. Jablonskis wrote about the word „tardymas“, „interrogate“, saying that it was known for a long time, and that Donelaitis had already used it in the meaning of „to investigate through interrogations“. This word is associated by J. Jablonskis with rarti, i.e. tarau means “I do, I order that others say what they know about the thing being recovered” (Jablonskis 1935: 12, 13). He also mentions Kuršaitis, in whose dictionary tardyti, tardytojas means “to investigate”, “investigator” and suggests: “Interrogators could be called our “sliedovateliai”, they only interrogate others during the day, all their work is to interrogate others” (ibid.). Interrogate can also be linked to investigate (iterative), which explains the connection with Kuršaitis’s “investigator”. V. Urbutis considers the investigator to be J. Jablonski’s novelty (Urbutis 1999: 430), but J. Jablonski only suggested that this word should be used in a certain sense. 112 687, CTL, 47, BS, 44 S, witness CĮ,, 120, adoptor Cl, 145 S, CTI, 1460/12, lessee “who rents, tenant” CĮ,, 1691, signatory “signed for illiterate” CĮ,, 919 S, appropriator BS,, 574 S, deputy Cl,, 691 T, heir Cl,, 132, CL, 533/10, deliverer Cl,, 1740 (nocmaswuxw), deliverer CTL, 470, BS,, 591 Cl,, 1737 S, builder Cl, 1630, C[,, 1664. For many of the derivatives presented here, the prefix is necessary, almost lexicalized (giving a new meaning), but there are also those where the prefix is not necessary, e.g.: enforcer “claimant” CĮ,, 1399 S, CPĮ,,„ 161/6, CTL, 161/10, landlord Cl, 1691 T, CT1,, 1460/29 T, rapist BS., 520 S, forger BS,,440 S, creator BS,, 131 T. By the way, it is interesting that the opposition of landlord — tenant is separated by prefixes: landlord — lessor (the term landlord was not found, tenant is used abundantly). In some of the cases presented in the current law, only -ovas derivatives are used: respondent, plaintiff, client. J. Jablonskis recommended the legal term respondent (similar to plaintiff), 0 respondent suggested to leave for school and other areas (Jablonskis 1936: 105). The latter term was used more by lawyers only at the beginning of Independence, was in the manuscript dictionary (TTTŽP: 61). The derivatives of the spoken adverb are often the main elements of compound terms (there are even more such terms than single words), e.g.: auction participant Cl, 1492, smuggler BPLĮ, 1174, forensic physician BS, 171,BPL,, 337, permanent resident CTL, 1673 T, primary property owner® Cl, 420, sworn valuationist BPL, 335, private charger BPL 5, thermal guarantor CTL, 651, owner of property BS, 363/3, pledge holder Cl, 542/24, CT, 1586 T, bill holder CTL, 161/3, BS, 440 T, quota witness Cl, 28, marriage witness Cl, 36, taxpayer of state businesses BS 546, heir of rights CPL, 458, heir of the heir's unmanaged remains CPL, 1744, heir of vacancy CTL, 1744, testament maker Cl,, 1048 S, murderer BS, 457 S, freelance * Unusual derivative, but used already by K. Sirvydas. In the codes, the acquirer was used more often, and there were cases of acquirer and acquirer not presented in the LKZ (see below). 113 civil servant CTL, 1289, BS,, 5328, civil servant CTI, 261, BS,, 471 T, owner of property for life Cl, 533/1, land owner Cl,, 434, beneficial owner Cl,, 533 T, CTL, 29 T, administrator of proceedings BPLĮ, 249 P, enforcement officer BS,, 59 T, executor Cl,, 1048 S, CPL,,CTL, 24. The suffix -tojas is quite common in the living language, so it is not easy to say which vedas are terminated and which are made specifically for the law. And in general, the division of derivatives of this suffix into terminated and novadaus raises a lot of doubts, because such a derivative can be made at any time (in order), when it is necessary to name the actor. For example, the word accuser is not recorded in dialects and old writings, although accuse, kultinyks (the culprit) is recorded. The term accuser was proposed by the Terminology Commission in 1922 (see Umbrasas 2001: 81). Has there been a renovation? This is more likely due to lexicographic gaps than the fact that this word has never been used before (for such research, in addition to old writings, a textbook of writings from the 19th - early 20th centuries would be very needed). Since the suffix -tojas is a very common, possible thing, it is precisely for this reason that some derivatives of the same basis -ovas, which were somewhat more special, separated from the usual lexicon. According to the LKŽ, most of the above-mentioned derivatives of the oath in question are recorded in dictionaries or other writings even before the 20th century. In terms of its function, meaning, and functioning, the suffix -ėjas, -a is very similar to the one discussed above, but its derivatives are found somewhat less — almost 40 monosyllabic terms (and a little more compounds). Slightly more than half 1448, acquirer CĮ,, 1424 T, CT[,, 161/3, BS,, 591 S, pledgeholder Cl, 1664, Cl,, 1630, CTĮ,, 1068, BS,, 577 S, plaintiff BS,, 157 R, BPL, 1204 (donocumene UUS), deliverer BS,, 530 S, infringer BS,, 530 S, assistant BS, 51, BPĮ,, 73 P, testator Cl, 923, CTLĮ, 1705 (zasbwyamenv ZG), briber “briber” BS,, 149, seller C1, 570 S,CPĮ,,,,470, BS,, 532 S, plaintiff CTL, 1512 S, BPĮ,, 307, advisor Cl, 6, CT], 1632, successor CTL, 458 (npeemnuxyv), assignor “transferring the right to property or to another person” CĮ,, 1424 T, notifier Cl, 1666, BP], 1204 (donocumens UUS), receiver “accepting to keep the property” CL,, 2111, compeller “compulsing someone to commit a criminal act” BS; 146. As can be seen, the prefix is necessary. Of those cases where the term could be without a prefix, it is mentioned only the insurer “providing insurance service” CĮ,, 2199 S. There are slightly fewer derivatives without a prefix, for example: insurer Cl, 2200 P (cmpaxosamens), recipient Cl, 1744 S, defender CTL, 967/1, BPL, 516, guardian Cl, 12, CTĮ,, 20, BS 30/6, BPL,, 99, buyer CĮ,, 521 T, CTL, 1056, BS, 610, radéjas “found a lost thing” CĮ,, 539, BS,, 573 R, reiskéjas’ BS “30, BS,, 30, BPL,, 975/1 V (ceudokmeno UU), collector BS, 30/1, BPL, 975/1 V, sender Cl, 1744 S, plaintiff Cl,, 432 T, CPL» CTL, 163, BS,, 156 S, BPL, 307 (arcanobwyuxvy UUS), judge BPL, 579, defamer BS,, 537 S, judge” Cl,, 120 5, CTL, 50, CPL, 1390, BPĮ, 10, translator BS, 158, BPLĮ, 114, carrier BPĮ, 1173, BP], 1230. Compound terms are also used with the same suffixes, e.g.: guarantor BPL, 80, property owner CTL, 1424, BS,, 616 R, bill of exchange issuer Cl, 1529 T, bill of exchange recipient BS, 593, bribe recipient BS, 531 T, guarantor BPL, 27S, defendant BS,, 11172 T, BPL,, 93, sworn guardian Cl, 1653 T, sworn judge BS, 30/8, BP, 582, founder of a shareholders' association BS, 580, district court judge CT, 82, penalty judge BPL, 119 P, justice of 114 the peace Cl, 131, CPL,. 82, BS,, 68 S, BPL,, 34, court counsel CT, 1681, creditor rights successor Cl, 2058 S, case reporter CTL, 804/1, changeover successor Cl, 1703, CTL, 1068 S, BS,, 593 R, company manager BS, 298 T. Because of the regularity of the construction (compared to -tojas derivatives only the root differs), it is also difficult to distinguish here the words specially made for the law. Most of them are definitely termized. According to the LKŽ data, until the investigated period, for example, insurer, insured, acquirer, pledgeholder, testator, claimant, successor, transferee was not recorded. In modern terminology, persons with the suffix -ėlis, -ė are very rarely named, because its derivatives often have a derogatory meaning (Keinys 1975:? TTTZP ceuobmens next to the applicant also translated and the expression (96). 0 Instead of feiséjo in older writings there were various names, e.g.: teislys, teismadarys, teistojas, tiesadarys, tiesdarys, tiesadėja (LKZ; Palionis 2004). At the beginning of the last century, some of them still, apparently, did not lose their relevance, because J. Šlapelis explains the right with the words reislys. the judge and the Slavism (SNZZ 1907). 115 BS,, 5 R, father Cl; 521, C1,, 521 (6omuunnuxs), in the Sudeten term —psychiatric BS, 480 P; -(i)ūnas: elder Cl, 919 S, BS,, 530 S, BPĮ,, 249/2, father Cl, 1118 (podonavanosnux), -utinis: lower “a descendant, i.e. a younger person, e.g. a child, grandchild” CĮ,, 132/12 (uuszxodsmyųitū). Except for one other word (e.g., pasaulionis, tėvūnas), most of the Vedas presented here are old. They were terminated. As you can see, a number of kinship terms are presented here. With most of the derivative compound terms were not used, abundantly there were only with synonymic elements relative or relative, e.g.: upstream relative CTL, 83, upstream relative BPLĮ,SP,sidelinerelative CT, 86, sidelinerelative CTL, 1400 P, direct linerelative CTL, 86, sidelinerelative CTL, 1400 P, direct relative CTL, 370, downstream relative CTL, 83, downstream relative CĮ,132/12,Cl,, 132; upstream relative CL, 194 S, upstream relative Cl, 132, BS, 455, BPL, 5, BP] 5, spirit relative Cl, 37, blood relative Cl, 37, sidelinerelative Cl, 994 S, sideline second degree relative BS, 519, lower relative BS 455. Although the compound with the relative is not found, the lateral order (CĮ,, 200) was used instead of the dominant secondary order (today's codes give the accent on lateral). It was then used to mark the line, but today the codex uses the line, and not the direct one, but the straight one. So now there is a direct or lateral relative and an ascending or descending relative (CC 2000: 3.131-3.133 art.) The number of non-prefixed legal terms naming persons in the codes studied was small (about 10% of terms of Lithuanian origin). The most abundant of these are the punch words, of which more than 20 have been found (compound terms with them have not been detected). More than half jy is made up of an adjective and a noun. Except for one case, all such puns have a conjunction, e.g.: co-defendant "co-defendant" CTL, 15/3, CPL,. 15/4 (irregular diary), collaborator BS, 615, juvenile BS, 181, minor CL, 213, CTL, 1368, BS, 40, insane CPL, 84, adult Cl, 150/1, BPL,, 356/6 S, mentally ill BP, 95, foreigner CL, 66. Without a connective vowel used only stranmSalis "foreign citizen" 122 CTL, 261, BS,,4 T, although this also has a variant foreign CIE.. 1, BS, 5, BP], 228. Fewer cases were found when a noun was combined with a verb. There are combinations with a conjunctive, for example, darbodirbys „darbuotojas“ BS, 608, knygwedys „raštvedys“ BS 328, and without a conjunctive, for example, darbdavys CL, 684 PT, CTI, 1163 T, BS,, 625 T, jstatymleidys BS, Another codex term naming persons belongs to the rare structures: a) adjective + verb: co-owner CTLĮ,, 1189 (coenadbreys), veltkleidis „turto eikvojatojas“ CPL, 1460/13 (pvacmouumene). True, in these cases the first accent may not have come directly from the adjective, but from the adjective adverb; b) noun + noun: cousin C.I.,, 204., Only a part of the derivatives presented here are terminated. According to the LKZ, in the past century the words bendradarbis, bendravaldis, darbininkas, įstatymleidys, jaunametis, mažametis appeared, so they are possible new laws. There is no bookkeeper in the LCZ (but there is a clearly remade bookkeeper). The same is true for the prefixes (compound terms were not found). There is also no prefix that is clearly distinguished by adjective. With one prefix there are no more than 5 derivatives. A total of 7 different derivatives of prefixes were found, naming persons, e.g.: be-: nedarbis BS,, 53 T, malūnis Cl, 5, BP], 93, vargšas CTl,, 200/7, BPLĮ, 199, bevaikis CĮ,, 1138; į-: įdurra CĮ,„, 145, įmotė CPL, 1460/12, sūnus CL, 1119/1, įtėvis CL, 152, CP, 1460/53, CTL, 86, įvaikis CL, 1119/1, CPL, 195, CTI, 86; ne-'*: nepilnametis Cl, 213, CTL, 45, BS, 41, BP], 16; pa-: motina Cl, 1129, tėvas Cl, 1129, BS,, 515 S, pavainikis „nesantuokinis vaikas“ CL 122 S, CTL, 1460/2 S; po-: podkru BS, 515 S, podsunek Cl,, 194 S; pra-: prasenelé '4 The minor here is considered a non-prefix (see the term adult), but the insane is classified as a punishment, because there is no term sane. In general, it is not always clear whether to consider part of the term. When negativeness is not specifically defined, dictionaries usually only include the positive forms of terms, although in texts these terms may sometimes be used with the prefix ne-. 123 CL, 207, great-grandfather Cl,, 207; pro-: great-grandfather Cl,, 202, great-grandmother CĮ.. 207, great-grandfather Cl, 202, As you can see, there are a lot of kinship terms here. Most jy are terminated, taken from living language. The LCZ does not provide only prasenelė, prasenolis. There are only a few legally relevant designations of the persons of the end-form (terminated names of the actors and possessors of the verb trait), e.g.: -is (-ys): nebylys CĮ,, 212, CT, 1345/4, BP],, 411, neregys BS, 612, vagis Cl,, 652 S, BS,,45 R; -a: bride Cl, 3. In fact, the codex does not contain the deaf-mute word used today, but only the deaf-mute word CĮ,, 381 T. In Lithuanian linguistics, there is a distinction between mixed terms. These are cases where two different ways of making are expressed at once (Urbutis 1978: 189-290). In the Codex, the term for this form is found in Cl,, 533/10, CT[,, 24, BPL,, 18 (immediately formed with a prefix and suffix; the word was already used by S. Daukanto). There were several generic terms for it, e.g., indirect heir Cl, 1134 T, colateral heir CĪ,, 1104 T, direct heir Cl, 156 T. Two synonym lines are also mentioned: heir i$ jzakono CL 1110 T,heir by law CL; 1300, statutory heir Cl, 1068/2 S, CTL, 1352, statutory heir Cl, 1066 PT, statutory heir Cl, 1066PTheir by will Cl, 1298 S, heir by will CTL, 1408 S, testamentary heir Cl, 1010 S, CTL, 69 T. Interesting here is the now unusual synonymy of terms with the prefixes aus and nach (see Umbrasas 2004: 102, 103). Finally, there are the specific terms for persons not made by hand. The codex found over half a dozen (about 9% of the terms of their origin) noun-used words of other parts of the language. These are the participants who can be considered to be defamatory or at least defamatory. The noun cannot be assigned to the verb. V. Urbutis argues that the fact that a word acquires semantic and syntactic characteristics characteristic of another part of the language does not allow us to talk about the creation, about the emergence of a separate word. This is only a change of function, because the basic Word is not formally different from the supposed product, there is no formant of the action (Urbutis 1978: 294-297). When speaking about nouns, we often first think of the transformation of adjectives into nouns (Jakaitienė, Laigonaitė, Paulauskienė 124 1976: 78, 79; Paulauskienė 1983: 42—45), Such conjugated adjectives are inextricably intertwined with nouns of the formative form, so it is often even difficult to say whether it is a conjugated adjective or a noun made with an adjective suffix. The formants of the adjectives are considered as noun formants (Paulauskienė 1983: 43, 44). Therefore, such cases as unemployed, feminine “woman”, minor, adult, which are discussed in the constructions and considered nouns, although they can be used as adjectives, only then would be included in composite terms or not considered terms at all, are not analyzed here. Only the participants performing noun functions are discussed here. The accumulated material shows that the most commonly used present tense participants of the passive type are used to name persons, e.g.: substitutive “person whose estate is inherited by another person by law” Cl,, 1123 S, insured Cl,, 2199 S, guardian Cl, 12, CPL, 19, BS, 577, guardian Cl, 12, CPL,. 19, CTI, 19, BS,, 577, threatening "person threatened" BS,, 510, suspected BS,, 676 T, adoptive CTL, 1460/8, insulting BS,, 532 T, accused Cl, 644 S, CTL, 6, BS,, 9, BPL, 669, BPL,, 3, inciting "person, incited to commit a crime" BS,, 51 P, summoned BS, 676 T, bribed "bribe-taker" BS,, 149 R, elected "participating in the election candidate" BS, 30/1, BPL,, 975/1 V, caretaker CTL, 1632, hired "mercenary" Cl, 2201 S, appealing BS, 156 S, calling "person called to court" CTI, 61, BPL,, 56, SmeiZiamasis BS, 537 S, trial Cl,, 574 S, CTI, 111, BS,, I S, BPL, 748, investigating "person investigated by forensic physicians" CTL, 1673 T. In the Codes, no less are found and nounally used passive past participles, e.g.: accused CTL, 1333 (o6eunsemvoirū), described CL, 1039 (saebujameno), dominated CPL, 195, BPL,, 99 (male relative!), equalized CTI, 195, CPL,. 195, BPL,, 85, reiterated BPL,, 21, 3rd BS, 159, adopted CP], 195, jZeistasis BP1,, 1213/4, punished BPL,, 216 (ocyxcoennsiir), injured “offended, victimized” CL; 667, BS 477, BPĮ,, 20, victim BS, 536 T, convicted Cl,, 50, BS, 10, BP],, 180/10, BPL,, 226 (ocyorcoennwiit), convicted BPL,, 791, BPL, 948, BS, 522 T (ocyocdennorū), bribed BS 149, hired C1, 2228 S, convicted BS,, 10, BPL,, 26 (ocvoxdennbit), arrested BS; 59, BPL,, 51/1, detainee Art.,, 665. The examples show that there are participants of different times of the same root. Their meaning differs, for example, the trial and the convicted person are not the same (by the way, the convicted person corresponds to the punished, convicted, convicted), but sometimes it seems that the participants of different 125 times are used to designate essentially the same concept, e.g. <...> false testimony became the subject of quota or for it was raised a criminal investigation or the suspect was summoned to discipline <...> BS 159 and <...> the chief of the village, participating in the search of the suspect, did not beat him <...> BS.,676 T. The examples show that the participants of the noun form are used as nouns. The noun form can be considered in part as a formal means of nounification, but it is not the formant of the verb, because the participant already has that form (Urbutis 1978: 296-297). It cannot be ruled out that the nouns of some of the mentioned participants are only situational, but some words are clear terms presented in the TŽ 1954, e.g.: suspect, accused, trial, arrested, convicted. Instead of verb forms, where possible, nouns are more convenient, e.g., patronymic (it is not in the codes) and patronymic. Analoguous to the first was the arrested BS,, 174, BS, 479 (apecmanmv; cf. arrested- ). A number of terminated past participles of the active species have also been found, e.g.: the victim Cl, 1512 S, BS,, 45 T, BP], 43 (nomepnbewuū UUS; cf. the victim TZ 1954), the married,,- couple* Cl, 44 (and the married “couple” CL, 102, BS, 412 R). It is also used as a noun in the past participle of the active type of unnamed participants whose noun has the suffix -us-. Such participants are typical of some dialects (Ambrazas 1996: 358). It is in the meaning of "injured" to find offended Cl,, 670, hurt Cl, 670. The fact that they are used as terms is apparent from the opposition of the injured — the injured, e.g.: if the injured has suffered credit or property losses as a result of the injury or insult of a person, then the injured must compensate the injured for these losses at the discretion of the court and in accordance with the decision of the Court of Justice., 670. It is true that the second time nuskaustasis is used in the wrong place, making the sentence incomprehensible —in the original it is o6budkewiū unu ockopouswiu, so instead of the second nuskaustasis should be as used in CL, —nuskaudusis. 126 There are relatively few terms of foreign origin used to name individuals. Most of these are borrowed or compound terms with the principal focus on the loanword — in total there are about 80 such terms (half single words, half compounds; about 1094 research materials). Of these, only a few terms are foreign words, clearly unnecessary for Lithuanian language, e.g.: armijos rezervės officieris BS, 183, prikazcikas CT, 445 (added, apparently, for clarity next to įsakytinis), Unteraufseher BS „27. Other borrowings are considered international, almost all of them can be found in current international word dictionaries. It should be noted that about a third of the borrowed words were used not in the articles of the Codes themselves, but in various appendices to the articles, explanations, mainly in the decisions of the Supreme Tribunal of Lithuania (slightly less in the decisions of the Russian Senate), thus appeared in Lithuanian translations not necessarily from the original. In some cases it is clear that international terms are used even when the Russian original, from which the translation was made, does not have an international term, for example: administrator CPL. 1794 (ynpasumenv), lawyer BP], 561 (zsaujumnuxt), appellant CPL, 165 (npomuenas cmopona), appellant CPL, 163, CPL,,, 164/3 (npunocawiit scanoby, npocumens- ), civil BPL,; 226 (nuyo epasxcoanckazo eboomcmea), expert CP, 516, CTL, 1117, BPL,, 112 (ceboywie moou), curator CP], 1543, Cl, 220 (nonewumenv), testator Cl,, 985, CTL, 25 (3asbwyamens). Of course, these international terms could have been used in other places than those indicated in the Russian text, but the fact itself testifies that the international Word was not always taken from the Russian original. Sometimes it is recorded deliberately, even when it was possible to choose one's own word from the Russian equivalent, for example, ne advokatas, o gynéjas'® (such an equivalent was also suggested by P. Skardžius (1998: 441)). The reason here, apparently, is the one that has already been mentioned in the literature — an international word, especially as a term, often has a more defined meaning than its Lithuanian synonym, does not evoke foreign associations, is more abstract or stylistically neutral (Pikčilingis 1975: 176). At the same time, it can be assumed that for some international 5 It is true that this word was considered international at the time (see Skardžius 1998: 441). '6 By the way, according to LKŽ, in the meaning of "lawyer" S. Daukantas used the term feisrodis, from the dictionary of A. Kuršaitis known for this purpose tiesabylis, and in Aušra in 1886 used the form tiesabylius. 127 Western legal literature also had an influence on the emergence of terms, after all, lawyers undoubtedly read it. The available data indicate that almost all the international terms accumulated for persons have a Latin basis", e.g.: agent Cl, 1744 S, CTL, 36, BS,, 111 (diplomatic agent CTL, 225, BS,, 5 R, BP], 230), appellant CP,, 165, author Cl,, 695/5, CTI, 1041, censor BS, 302, debtor CL; 2200 P, CTL, 1092 S, deputy BPL, 1171, emigrant BS,, 442 P, governor general CTLĮ,, 88, creditor Cl, 542 S, CTĮ,, 8, BS,, 607 T, notary CĮ,, 569 S, CTI, 47, BS „672, BS,, 577 S, occupier CL, 700 T, offence subject BS, 245 R, person BPĮ,, 1 P, testator CL, 985, CĮ,, 1010 T, CTL, 25, BS,, 440 R, president of the state Cl, 53. A few terms are related to Romance languages derived from Latin (French, Italian), e.g. ambassadeur CT, 225 (French ambassadeur TZZ 2001; French ambassadeur < Italian ambasciatore TZZ 1999), commandant BS,, 174 T (French commandant), commissionnaire CTI, 445 (French commissionnaire < Latin commissio — commission), procureur CTL, 8, BPLĮ, 11 (French procureur), valstybės kontrolierius CTL, 200/10, BP[,, 277/1 T (French controleur), valstybės sekretorius CTI, 88 (French secretaire). There are only isolated instances where other languages (German, Dutch, Polish) are mentioned in reference to the origin, e.g.: bankrot „debtor“ CTI, 1485 (Italian banca rotta —broken table TZZ 2001; French bangueroute TZZ 1999; German Bankrott < Italian bancarotta —bankruptcy TŽZ 1969), burmistrz „city leader“ CTL, 1117 T (Polish burmistrz < German Biirgermeister), broker Cl; 1690, CTL, 445, BPĮ,, 369 (see Makler TZZ 2001; see Makler < ol. makellar TZZ 2000). The internationalization of terms is also worth mentioning. In most cases (as can be seen from the Terms already presented) the words used today have the usual form, i.e. the spelling, phonetic and morphological pronunciation of the terms coincides with the present one. Although not many, but some spelling or phonetic differences that are not typical of today were found, e.g.: klientas Cl, 1539 T, CTI, 7 Origin mainly checked by TZZ 1999, 2000, 2001. 128 410 T, BS,, 363/4, companion Cl,, 2126 S, BS,, 574 S, courier BS,, 5 R, contracting party Cl,, 569 S, CTL, 1304, BS,, 591 T. He was then and the current contracting party (contracting party CTL 1302). It was submitted to the KP in 1939, on the grounds that -gyra comes from the Russian language. Also differently used bankruptcy CTl,, 1485 and bankruptcy CPL, 1485 (see current bankruptcy but bankrupt). In compound terms, another variant contributes: angry bankruptcy CT] 1794, BP] 29S, angry bankruptcy CTL, 468, malicious bankruptcy CPL, 468. CPL 88, CTL, 88 (Lat. minister) — only in the Soviet era minister, probably according to Russian. munucmp, also compare with French. ministre (TZZ 1969). In the Lithuanian dictionaries of that time there was minister (SNZZ 1907; SNZZ 1924; TZZ 1936). Finally, it should be noted that the term used in the other codes is not present in the current international dictionaries. The appellant is referred to here CPL, 163, CTL, 745, BS, 262 T (Latin: apellator — appellant LLZ 1996). The appellant CPL, 165 is now used, derived from the same Latin word and found in one of the codes under examination. It is true that the CPL,,, appellant and appellant seem to be used in different meanings: the first — the person who complained, the second — the person against whom the complaint was made (CPL,,, 163 and 165). This is an unusual separation. CP], 764 used and the counter-- appellant with synonymous to the Blue Appellant. By the way, in the current Code of Criminal Procedure, the terms are not systematic: the person who has filed a cassation appeal is called a cassator, and the person who has filed an appeal is called an appellant. There are no terms now and, apparently, used synonymously /egataras CPL, 1712, legatarijus CL, 1086 S,CTLĮ,, 1510/1 (lat. legatarius — heir). See also the composite terms common/- hegar CPL 1510/1 (which explains heir of the estate), common legatary CTL, 1510/1. TZZ 1936 found another form —legataris. Sometimes it is attempted to analyze the construction of international terms in a synchronous way, divided according to construction categories, and provided with suffixes (see Urbutis 1965), i.e. treated similarly as with their own Zodziai'®., In this way only a good third of the terms examined found in the codes could be considered '8 It is stated that derivatives from other languages function as derivatives due to construction relations formed with other foreign words of the same roots. This is called correlative construction (Urbutis 1978: 248, 249), and for most of the internati129 onal terms under investigation, even formally looking, it would not be possible to find possible reference words. Among those cases where it is possible to formally see the work, the terms with suffixes -orius, -ė, e.g.: darbo inspektorius CTL, 161/1, hipotekinis kreditorius CTI, 1563, senatorius CTL, 88, and -atorius, -ė, e.g.: kasatorius C1, 1184 T, BS,, 41 T, BPĮ,, 3 T, kuratorius CL, 220, CP] 1543, turto administratorius CL, 1317S, predominate. 31V Only 16 (about 2%) of the research material contained hybrid terms, i.e., those that, in addition to their own, also contain non-qualitative morphemes from other languages. Most of them are derivatives of the suffix -ininkas (which are considered to be names of the owners of the noun attribute), e.g.: akcininkas Cl; 2138 S, BS,, 580, bankrupt BS,, 602 S, činšník Cl,, 533 T, duelník BS,, 486 R, kancelářník Cl,, 1238 P, kontrabandista BS,, 591 T, policista BS,, 523 T, servitutník BS,, 624 T, výtržník BS,, 615 R. Instead of the latter, blackmailer is now used, known as international blackmailer (DZ 2003). This and similar contrabandists were not found in the codes of the time (contrabandist next to contrabandist presented in SNŽZ 1907). The smuggler is now quite established, and therefore the smuggler who sometimes appears on television is justifiably corrected (Pečkuvienė 2004: 11, 12). Bankrupt or servitude is now not used in law in general. With the same suffix, but a different type of term is sub-tenant CL, 570 T. It is made from a hybrid term, cf. sub-lease Cl, 1705 S. It was not yet in the 1918-1940 codes, but in TZ 1954 the matter in question is covered by sublease, sub-tenant —these terms have been unnecessarily forgotten by the current drafters of the respective codes. It is true that in TŽ 1954 sublease is presented with subtenant, and even with other equivalents, without any synonymic connections, but this is probably not a deliberate separation, but a dictionary error. Only a few other hybrid terms have been found. There are three hybrid names of actors with suffix -fojas: apeliuotojas BS,, 155 T, likvidatorius Cl,, 2200 P, įstatymų dabotojas BPĮ33 166 S (to the latter term, which is clearly not available, is added bliustitel zakona); two noun-used hybrid participants: arrested BS,, 453 T, interned BS,, 174 T. 130 The terms of foreign origin usually include values. The research material has not been examined in terms of valuation, i.e. the making of valuations, because the recognition and treatment of valuations poses problems, especially in cases where words are well adapted to the Lithuanian language system and their foreignness is not felt. The term “sovereignty” is here primarily understood as having Lithuanian elements. A clearer distinction can only be made between terms that are blindly derived from other languages, lack the motivation for creation- !® or have an unusual form, but such cases are very few in the study material. For example, due to the influence of the Russian language, co-owner Cl,, 555 PT, CPL, 1156/3, CTL, 4 T (in the original was differently: coy¥acmHuKks 6b obuemv sJiadšniu; cosnadbieys UGS; from TZ 1954 it is apparent the structurally closest equivalent —coco6cmeennux) is corrected — replaced with “co-owner”, co-owner (TT 1992: 25; KKonsul 2003: 35). The long-denounced legislator BPĮ,, 174 T and the related term jstatymdavysté®' BPĮ, are mentioned. 180/4 P (cf. saxonooamens, 3aKoHodame/i»cmso). The latter was included in the 1939 Language Advisor (KP 1939), both of which are still being corrected (Šukys 2003: 44). Though not sufficiently, but slightly better are those terms corresponding to legislation BS,, 4 P, legislation BS,,4 R (also corrected). Both are replaced by legislation, by the legislator (this was also the case then, CL, 570 T, CTL, 1163 T, BS, 53 S; cf. TT 1992; PiroCkinas 1990: 152; Šukys 2003: 44). All these terms are probably made by analogy, which went from the ancient writings. According to LKŽ, K. Sirvydas and J. Brodovskis used tiesastatys, tiesastatis, and later Aušra used tiesastatystė for the matter in question. In the 19th-20th century dictionaries (mainly S. Gimžauskas, G. H. F. Nesselmannas, J. Šlapelis, J. Ryteris, A. Kuršaitis) there are still riesadavys (tiesadavis), tiesadavėjas and tiesadavystė, tiesadavėjystė, tiesadavyba. Thus, at the beginning of the 20th century, when the truth was no longer used in the meaning of “law”, the accent of the derivative term was also changed, only the word “law” was inserted instead of “feisa”. St. Keinys only calls such cases “valuatives”, and otherwise considers terms derived from other languages as consequences (Keinys 1999: 113, 115). This was not found in the examined codes, but a similar asset shareholder was found CTI, 1095 T. 2 LKZ is also a form of jstatymdavybe. 131