A recent issue has emerged in the practice of the Trade Register, giving rise to the following legal dilemma: may a civil professional partnership of lawyers (SCA) establish a company with legal personality governed by Law No. 31/1990 on companies, both directly and in its capacity as trustee under a fiduciary agreement in which the fiduciary obligation consists in the incorporation and operation of such a company? This apparently simple ques...

Fiducia could not be treated without revealing the similarities it has with the institution of trust. The similarities between fiducia and trust are both evidence of the “linkage” of the two legal instruments and the extent of a potential simultaneous use of these contracts. Starting from the common object, the number and role of each of the fiducia and trust participants and the way the separation of fiduciary property assets and the types of...

This study is the part dedicated to the legal definition of the trust in the Romanian Civil Code. As we have seen, usually defining a concept shall be made by indicating the genus proximum (the reference piont, the closest in meaning to the notion that is defined) and specific difference differentia specifica (characteristic feature of the concept that distinguishes it from other concepts contained in genus proximum...