FIDUCIA IN THE LIGHT OF THE NEW CIVIL CODE INSTITUTION OF LAW WITH UNREGULATED FINALITY
Journal Title: Challenges of the Knowledge Society - Year 2015, Vol 5, Issue 0
Abstract
The institution of “Fiducia” relatively completely regulated by the content of the art. 773-791 of the New Civil Code, represents, together to the institution of periodic property and the one of administration of one's assets, a premiere in the Romanian civil law. The apparition of this institution of law in the continental law (also in the Romanian law) is the result of a long interface process between the civil continental law and the Anglo-Saxon one, during which many institutions of law or types of contracts have been taken over in the continental law, as a consequence of the globalisation of the business relationships. The legal mechanism of Fiducia exists in the continental law since its beginnings, more precisely even since the apogee of the Roman law. This way, this legal instrument, of assets administration can be found in the legislation of many European states, among which, we can mention the Anglo-Saxon legislation (trust), German legislation (trauhand), French legislation – legislation which represented the inspiration source of the Romanian legislator in the matter of Fiducia. Unlike the Anglo-Saxon law, where the trust has three forms (guarantee, administration and the one concluded for performance of a liberality) in the Romanian law, fiducia has only two of these forms, respectively, Fiducia as guarantee and Fiducia as administration. In the banking field, Fiducia as guarantee, although it has real practical advantages comparing to the most commonly used real estate mortgage, it is not used by the credit institutions, these still preferring that the reimbursement of the loans granted to be guaranteed by a mortgage contract.
Authors and Affiliations
Claudiu Răzvan DEDU
Keywords
Related Articles
- EP ID EP100783
- DOI -
- Views 127
- Downloads 0
EXERCISE WITH BAD FAITH OF SUBJECTIVE CIVIL RIGHTS
The abuse of rights is qualified as civil offence and it may not be different from that of aquilian responsibility, the purpose of its sanction is to protect the victim and not to punish the author. In the Romanian legal...
THE FRACTAL MARKET HYPOTHESIS
In this article, the concept of capital market is analysed using Fractal Market Hypothesis which is a modern, complex and unconventional alternative to classical finance methods. Fractal Market Hypothesis is in sharp opp...
THE IMPORTANCE OF STRATEGIES IN THE SALE PROCESS
The science of marketing, in this case the art of negotiation and selling, is inseparably linked to the salesperson’s ability to think, plan and implement strategies. A good negotiator is above all, a good strategist, ab...
AN ANALYTIC HIERARCHY PROCESS APPLICATION FOR THE BEST DRIVER SELECTION IN UNIVERSITIES
Drivers are responsible for the safety and timely delivery of passengers and materials. Universities employ a certain number of drivers and this responsibility is true for them as well. University drivers are usually sen...
STUDY ABOUT THE RELATIONSHIP BETWEEN ACCOUNTING AND TAXATION. PROPOSALS FOR DISCONNECTION
The observation that many practitioners, by virtue of strong dependence between accounting and taxation encountered in our country after years of "90, find with difficulty the way to detachment of accounting and taxation...