ОСОБЕННОСТИ ЭКВИВАЛЕНТНОСТИ РУССКОГО СЛОВА «НЕДВИЖИМОСТЬ» С ЕГО АНГЛИЙСКИМИ АНАЛОГАМИ

Comparative analysis of words in two languages aimed at finding equivalents in communication skills plane allows us to establish the maximum of messaging channels of Russian-language and English-language pictures of the world. In relation to real estate issues, it is permissible to take the Russian word «недвижимость» (“real estate”) as a starting point in order to reveal its equivalent representation in the English language. The aim of the conducted analysis is to detect features of the indicated equivalence. The main problem of the study is that semantic field, which conventionally corresponds to the Russian word «недвижимость» (“real estate”) in the English language, contains lexical units the meaning of which cannot be adequately covered by the Russian word «недвижимость» (“real estate”) in reverse translation. This problem is considered in the light of the written records of the word «недвижимость» (“real estate”), regarded in time within the circle of recognizable phenomena of the cultural picture of the world and in relation to possible use of the words from semantic fields as terms, including legal ones.

The interpenetration of ideas concerning the structure of basic principles of life inherent in different cultures is characteristic of modern information processes, which clearly indicates the topicality of anthropological and linguistic approaches to the problems of intercultural communication [6, P. 15]. Regardless of whether it is possible or not to truly unite sign systems [2, P. 19], it is necessary to recognize that comparative analysis of words in two languages aimed at finding equivalents allows us to indicate the maximum of message channels in language pictures of the world in the plane of communication skills characteristic for supranational narrative.

The main fundamental source of meaning of an English equivalent of the Russian word «недвижимость» (“real estate”) or word combination «недвижимое имущество» (“real estate property”) is the Oxford English Dictionary. This dictionary offers five equivalents of the Russian word «недвижимость» = «недвижимое имущество»: “real property”, “real estate”, “realty”, “real things”, “immovable property” [11].

To begin with, let us consider the word “real,” which is an integral part of the English translation of the Russian word combination «недвижимое имущество». Oxford English Dictionary provides the following meaning of the adjective “real”: “Actually existing as a thing or occurring in fact; not imagined or supposed - i.e. having an objective existence as a thing” (1601). It should be noted that the earliest meaning of this word was not defined precisely, but the time of its first written record is known – 1440. The word was borrowed either from the Old French (XIII century) or Latin (thing). In addition, the Oxford English Dictionary suggests another meaning of the adjective “real” – “royal, regal” that is related to the king. The adjective in this meaning dates from the beginning of XIV century and is also borrowed from the Old French or Latin.

Now let us consider two words – “estate” and “property,” which comprise the second component of the English version of the Russian word combination «недвижимое имущество». The word “property” is defined as “the condition of being owned by or belonging to some person or persons; hence, the fact of owning a thing; the holding of some thing as one's own; the right (especially the exclusive right) to the possession, use, or disposal of anything...” This word was first recorded in 1380. Another definition of “property” is “a piece of land owned; a landed estate” recorded in 1719.

English word “estate” is defined as a “state or condition in general, whether material or moral, bodily or mental.” Its first meaning was recorded in 1230. It is also defined as “condition with respect to worldly prosperity, fortune” – the second meaning was recorded in 1300. According to 12^th meaning of the word “estate,” it is defined as an archaic “property, possessions, fortune, capital” (1563). Finally, in its 13^th meaning the English word is defined as “landed property, usually one of considerable extent. (Now the commonest sense) spec. a property on which a crop... is cultivated; also a vineyard” (1760).

Let us now analyse the word combination “real property” formed from two lexical units: “real” (real, existing as a thing) and “property” (ownership, the state of belonging to a human). Oxford English Dictionary defines “real property” as: “Law. (Opposed to personal.) Of actions, causes, etc.: Relating to things or spec. to real property... Consisting of immovable property, as lands and houses.” “Real property” was first recorded as a legal term in 1448.

The next equivalent of the word combination «недвижимое имущество» is “real estate.” According to the Oxford English Dictionary “real estate” is “Law. Real estate – an interest in landed property; consisting of immovable property, as lands and houses.” It was first mentioned in 1439.

The third and fourth versions of the Russian word «недвижимость» are “realty” and “things real.” They are recorded as absolute synonyms of “real property” and “real estate” by the Oxford English Dictionary. Thus, “realty” is “Law. Real property or estate.” The word is dated from 1670. The first meaning of the word “realty” – “reality” is “reality” (1440). The phrase “things real” = “real property” (1290).

With regard to the last version, namely “immovable property,” the Oxford English Dictionary gives it the following interpretation: “immovable” (as an adjective) – “Law. Not liable to be removed; permanent: applied to lands, houses, etc., as opposed to movable goods” (1449). In general, the word “immovable” is interpreted as “something that cannot be moved” (1387). “Immovable property” is defined by the Oxford English Dictionary as: “(Law). A piece of article of property that is immovable; almost always in plural. Immovable property, as land and things adherent thereto, as trees, buildings, servitudes” (1588).

Let us refer to British and American legal dictionaries and consider legal terms of the analysed Russian versions of the term «недвижимость» (“real estate”.) Thus, the American Barron's Law Dictionary gives the following interpretation of the word combination “real estate”:

“Real estate – land, and such property permanently affixed to it, such as a building; any possible interest in land, except for a mere chattel interest one may have; Every estate, interest, any right, legal and equitable, inlands, tenements, and hereditaments” [9, P. 420].

“Real property – land, including the surface, whatever is attached to the surface such as buildings or trees, whatever is beneath the surface, such as minerals, and the area above the surface, i.e., the sky” [9, P. 421 ].

“Realty – an interest in land; another word for real property or real estate” [9, P. 421].

The terms “real things” and “immovable property” are not provided in this dictionary.

Dictionary of Real Estate Terms in its turn offers the following interpretation of the words under consideration:

“Real estate – in law, land and everything more or less attached to it. Ownership below to the center of the earth and above to the heavens. Same as realty”  [8, P. 397].

“Real property – the rights to use real estate” [8, P. 402].

“Realty – same as real estate” [8, P. 403].

The terms “things real” and “immovable property” are not given.

Oxford Dictionary of Law provides the following definitions:

“Real property (realty) – freehold land and in corporeal hereditaments” [10, P. 453].

“Real estate – under the Administration of Estates Act 1925, all interests in land held by the deceased at death excluding interests in money charged on land” [10, P. 453].

In addition to these terms, the dictionary gives a new version of the term «недвижимость» (“real estate”), namely “tangible property – something that has physical existence, e.g. chattels and land” [10, P. 451].

“Immovables – tangible things that cannot be physically moved, particularly land and buildings” [10, P. 273].

The term “things real” is not provided in the dictionary.

After having described English equivalent of the Russian word «недвижимость» (“real estate”), it is necessary to make some clarifications and draw conclusions:

First of all, the most common English equivalents of the Russian word «недвижимость» are “real property, “real estate” or “realty.” These phrases are the most widely used equivalents, and are confused or mistaken by the people who consider them absolute synonyms. To prevent confusion, we have to draw a line between them. The difference lies in legal area, English and American. In American law, “real property” implies land, minerals, trees, buildings, while “real estate” is land and buildings, as well as land rights. In English law, the situation is a little different: “real property” implies land and rights to it, while by “real estate” we mean property held by dead persons, except for the property in the form of cash for land.

Secondly, the word “real” in word combinations “real property” and “real estate” can originate either from the word ‘royal,” – “royal estate, land,” respectively, or from the word “real, material,” i.e. “real, tangible property, land.” Undoubtedly, the first version has the right to exist, because, as you know, all land in the country belonged to the king. However, the Oxford English Dictionary classifies it as the second version of origin, i.e., “material, real.” Moreover, this source also refers to “personal property.” It is necessary to clarify that in Roman law there are two notions: That of “real property” and that of “personal property,” i.e. “material, real property” and “private.” Consequently, “real property” as “the royal estate, land” is a mistake.

Third, the remaining equivalents of the Russian word «недвижимость» (“real estate”) such as “immovable property” and “things real” are rarely used, but they are directly related to this phenomenon. “Things real” is an archaic word combination while “immovable property” (“immovable”) is a term of English (not American) law, and is not widely used (only in the civil jurisdiction.)

Now we proceed to the comparison of Russian and English words and the terms «недвижимость», «недвижимое имущество» (“real estate”) – ‘realty,” “real estate.”

To begin with, it should be noted that lexicographical analysis was conducted with the help of defining and special purpose dictionaries of Russian and English language. Thus, it can be suggested that both Russian and in English lexical units “property” and “immovable property,” “realty,” “real estate” have come a long way in their development before becoming legal terms. However, lexical units in these two languages were recorded and existed in different ways.

Thus, in the Russian language words «недвижимое имущество» and «недвижимость» (“real estate”) as a noun were not provided in early dictionaries. However, there was an adjective «недвижимый» (“immovable”) – “fixed, untouched, firm” [4, P. 70]; “motionless, immovable” – stationary, not moving, not able to move, still // incapable of being moved around, not portable, firm. Real estate, villages, land, patrimony, houses, everything immovable, firm.” [1, P. 510]. V.I. Dal mentions lexical unit “real estate” in his entry for the adjective and defines it as “the property and the state of immovable, stillness, peace; real estate.” Such form as «недвижь» (“property”) is also provided.

Later, words «недвижимость» and «недвижимое имущество» (“real estate” and “real estate property”) appeared in Russian dictionaries: “Real estate (official) as “immovable property,” adjective “immovable” as: “The one that does not move, motionless. It lay motionless (immovable). About property: consisting of land and buildings (official)” [3]. The specialization (terminologization) of the word was also noted: “Real estate 1 (from the ancient verb «движити» (move)) (law). About property: consisting of a built-up or free land. Real estate” [7].

In turn, the Oxford English Dictionary offers a complete phrase meaning “immovable property” – “real property” (at once 1448), or rather the first recording of the phrase “things real” (in 1290), and “real property” (which later replaced it in XV century). The phrase is defined as “Law. Consisting of immovable property, as lands and houses.” [11]

As for the terms «недвижимость» (“real estate”) and “realty” in Russian, English, and American specialized legal dictionaries, it is first necessary to point out the brightest distinctive feature. Russian dictionaries note that in addition to “land, mineral resources, and all areas that are related to land, i.e. objects, the motion of which without disproportionate damage is impossible, including buildings, structures, constructions in progress,” “real estate contains objects that are subject to state registration such as aircraft and sea vessels and inland vessels.” British and American dictionaries, however, indicate only land as “real estate” and things that can be attached to it. These differences of interpretation in Russian and English legal dictionaries are explained by the fact that the Russian Federation, the United Kingdom and the United States have their own, distinct legal systems, self-regulation and controlling features.

Our review leads to the following observations:

Searching for the Russian equivalent of the word «недвижимость» (“real estate”) inevitably brings us to the whole semantic field of the English language. It is covered by a few words (word combinations), so that the equivalence in the strict sense of the word is difficult. The discussed English-language semantic field touches upon the field of meanings of the word «недвижимость» (“real estate”), which in the Russian language is covered by the word combination «недвижимое имущество» (“real estate property”.)

With regard to the issue of the first written record of the word under consideration, the peculiarities of the history of written records in Russia and England should be kept in mind. Thus, having conducted the analysis of the semantic and morphological nature of records of the words under consideration in the English language we can see (a) the dependence of the record from the approach of the Norman conquerors to the written description of real estate objects in documents and (b) the priority of relation of property rights towards real estate.

In the Russian language, on the other hand, the nature of the described phenomenon (inability to move) is so significant that the word “property” went beyond its usage as an adjective in the genesis of language and reached the record in its form under consideration relatively late in the written testimonies of the Middle Ages, where it was mainly used as a generic term that describes a number of immovable of things not related to their characteristics.

Further use of the word in question in both languages took place in accordance with the vectors given by the first record. In English, the variety of forms of ownership and economic activity gave rise to the above mentioned plurality of lexical units (opposite to the Russian language), further developed by regional peculiarities of the English language, including its usage in legal vocabularies (for example, according to the review of relevant dictionaries, American law vocabulary related to real estate is not the same for example, for Australia). In the Russian language, the simplest description of a well-defined physical feature of the group of objects was preserved as the main features of the studied words. Taking into account the diversity of uses of the word, it is permissible to recognize their consubstantionality [4], as it is revealed as a legal term, in view of the peculiarities of the Russian legal system without generating multiplicity of words, covering the semantic field initially filled with them.