Specific Issues in the Regulation of the Fiducia in the New Romanian Civil Code

摘要

The institution of trust is widely applied in common law systems and was also received, further to certain enactments, in the Roman-Germanic law system, due to the advantages offered. The New Romanian Civil Code, although mostly inspired by the Quebec Civil Code, borrowed such regulation of the fiduciary institution from the French Civil Code, along with all its shortcomings. Moreover, it also introduced certain new specific provisions, which render this legal institution even more difficult to use in practice. This article reveals the most important differences in terms of bringing fiducia under regulation and the specific issues of the Romanian method of bringing such under regulation, with all their legal consequences, which are mainly negative.