REGULATORY CHALLENGES THE NOTION OF FIDUCIARY IN THE NEW CIVIL CODE

Authors

  • Camelia Maria Cezara IGNATESCU Stefan cel Mare University of Suceava

DOI:

https://doi.org/10.18662/eljpa/2015.0201.03

Keywords:

Contract, fiduciary, settlor, trustee, beneficiary.

Abstract

Fiducia is the introduction into Romanian law of trust institution, legal institution that has numerous applications and is extremely versatile. We refer here to the legal instruments offered to both individuals and legal entities to manage their financial resources, movable and immovable property through third parties, under strictly prescribed law, consisting in: the trust account, fiducial estate administration, fiduciary guarantee and fiducial mortgage. The fiduciary contract entails a temporary transfer of property that is performed when the trust's initial complex operation, leading to the establishment of the Heritage Trust; the other party to the contract - the trustee - has a contractual obligation to act towards an clearly established end, and once achieved this goal, he will either return the goods transferred settlor or send them to a third party.

Ignatescu, C. (2015). REGULATORY CHALLENGES THE NOTION OF FIDUCIARY IN THE NEW CIVIL CODE. European Journal of Law and Public Administration, Year2015, Volume 2, Issue 1, pp. 25-31. DOI: https://doi.org/10.18662/eljpa/2015.0201.03

References

Corneliu Barsan, Drept civil. Drepturi reale principale, Ed. Hamangiu, Bucuresti, 2015.

Hunor Burian, Fiducia in lumina Noului Cod Civil, Revista Scientia Iuris- Revista Romano-Maghiara de Stiinte Juridice nr. 1/2011.

Cristian Jora, Drept civil. Drepturi reale in Noul Cod Civil, Ed. Universul Juridic, Bucuresti, 2012.

Catalin. R. Tripon, Fiducia, rezultat al interferentei celor doua mari sisteme de drept: dreptul civil continental si dreptul anglo-saxon. Conceptul, clasificarea, evolutia si conditiile de validitate ale fiduciei, Revista Romaneasca de Drept Privat, nr. 2/2010.

Marilena Uliescu, Aurelian Gherghe, Drept civil. Drepturi reale principale, Ed. Universul Juridic, Bucuresti 2011

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Published

2015-08-29

How to Cite

IGNATESCU, C. M. C. (2015). REGULATORY CHALLENGES THE NOTION OF FIDUCIARY IN THE NEW CIVIL CODE. European Journal of Law and Public Administration, 2(1), 25-31. https://doi.org/10.18662/eljpa/2015.0201.03

Section

Articles

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Copyright (c) 2015 Camelia Maria Cezara IGNATESCU

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